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HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65901 PLANNING COMMISSION RESOLUTION NO. 6590 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A GAS STATION AND DRIVE THRU CAR , WASH ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 14 8 CASE NO.: CUP 04-18 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 14 - CUP 04-18, as provided by 2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 2? 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. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 14 - CUP 04-18, based on the following findings and subject to the following 3 conditions: Findings: That the requested use is necessary or desirable for the development of the community, 6 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 7 car wash and gas station will provide a service generally lacking in the immediate area of the La Costa Community and that the site is designed as part of a local shopping center as part of the La Costa Master Planned Community and will not have a direct physical impact to other commercial or residential developments in the area. 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 proposed car wash and gas station is located within a Local Commercial Shopping center as designated by the La Costa Master Plan and General Plan Land Use Element and is not adjacent 13 to sensitive land uses. The carwash is separated from proposed residential single family uses to the east by open space and multi-family uses to the north by Rancho 14 Santa Fe Road. The overall project includes noise attenuation walls along the Paseo Lupino project entry to protect the future residential uses from project and roadway noise impacts. The carwash provides an adequate vehicle stacking lane to prevent blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. 17 3. That the site for the proposed conditional use is adequate in size and shape to 18 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 20 other uses in the neighborhood, in that the site design for the car wash and gas station complies with all setback, building height, parking, and development requirements 21 for gas stations and car washes and the site will be landscaped consistent with the Carlsbad Landscape Manual and Section 21.42.140(B)45.f to screen cars waiting for 22 the carwash and 21.42.140(B).65.b for general site landscaping. The proposed ~, drive-thru facilities lanes are designed so that they will not impact other commercial uses in the center. The architecture of the proposed buildings follows the 24 Mediterranean/Tuscan theme of the commercial center. The location of the carwash is such that it is below the grade of adjacent Rancho Santa Fe Road and the 25 entry driveway at Paseo Lupino and will not be readily visible from the public roadway. The overall project is conditioned to submit a comprehensive sign program for which this project shall be a part. 27 4. That the street system serving the proposed use is adequate to properly handle all traffic 28 generated by the proposed use, in that the surrounding public streets will be improved to their full-width improvements, including curbs, gutters, and sidewalks; and that the analysis included in the EIR 01-02 for the La Costa Town Square project PC RESO NO. 6590 -2- demonstrates that the proposed streets and project driveways will be adequate to 2 accommodate the traffic generated by this project. 3 5. 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 4 to mitigate impacts caused by or reasonably related to the project, and the extent and the - degree of the exaction is in rough proportionality to the impact caused by the project. g Conditions: 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 8 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 10 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 11 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 , -, 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. 14 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 15 and modifications to the Conditional Use Permit 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 development, 17 different from this approval, shall require an amendment to this approval. 18 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. 20 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 21 are 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 22 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 24 | 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 25 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 26 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 nondiscretionary, in connection with the use contemplated herein, and 28 (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. 6590 -3- survives until all legal proceedings have been concluded and continues even if the City's 2 approval is not validated. 3 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program.4 <- 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 6 body. 7 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 9 9. This project shall comply with all conditions and mitigation measures which are required 10 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 12 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 13 04 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 14 incorporated herein by reference. ^ 11. This approval shall become null and void if building permits are not issued for this , f project within 36 months from the date of final map recordation of CT 01-09. 17 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 18 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. 20 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 21 #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 22 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, 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 24 approval will not be consistent with the General Plan and shall become void. 25 14. 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 2" Recorder, subject to the satisfaction of the Planning Director, notifying all interested 27 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6590 on the property. Said Notice of Restriction shall 28 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 Planning Director has the authority to execute and PC RESO NO. 6590 -4- record an amendment to the notice which modifies or terminates said notice upon a 2 showing of good cause by the Developer or successor in interest. 3 15. CUP 04-18 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 4 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 5 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 7 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 9 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 10 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 11 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 13 16. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial 14 detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 15 *,: 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 17 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 18 thriving condition, free from weeds, trash, and debris. 19 18. . The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 20 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 21 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 22 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 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. 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. 28 21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 6590 -5- 22. The carwash shall not be in service between the hours of 10:00 PM and 6:OOAM 2 unless an acoustical analysis prepared by a professional acoustical engineer can show that the carwash will not cause a significant noise impact on adjacent 3 residential uses per the City of Carlsbad Noise Guidelines Manual. Engineering: 23. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 5 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 7 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or 9 Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 10 24. Developer shall complete and submit to the City Engineer a Project Threat Assessment 11 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the 13 completed PTAF all to the satisfaction of the City Engineer. 14 25. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 15 the natural hydrologic function of the site by preserving natural open-spaces and natural 16 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 17 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 18 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 20 26. Developer shall submit and receive approval for a Storm Water Management Plan (SWMP) to the City of Carlsbad Engineering Department. This project qualifies as a 21 "priority project" as defined by City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), and therefore, the project is required to capture and reduce pollutants to a 22 level of insignificance. The organization and content of the SWMP shall be prepared in accordance with the guidelines established by the City of Carlsbad. The SWMP shall address the anticipated pollutants of concern associated with the Project. The SWMP shall 24 also suggest the type(s) of post-construction (structural) Best Management Practices (BMPs) required to capture and filter said pollutants of concern and establish maintenance 25 provisions for said BMPs. 760 27. Developer shall cause property owner to process, execute and submit an executed copy to 27 the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 28 treatment control,, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project. PC RESO NO. 6590 -6- 28. Supplemental grading plans are required for precise grading associated with this project. 2 Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the site plan all subject to City Engineer approval. 3 Code Reminders: 4 29. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 6 30. Approval of this request shall not excuse compliance with all applicable sections of the 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein.8 9 31. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 10 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 11 Code Section 18.04.320. 12 NOTICE 13 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." 16 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 17 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 19 annul their imposition. 20 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 23 expired. 24 25 26 27 28 PC RESO NO. 6590 -7- 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 July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTEELB. MONTGi CARLSBAD PLANNI ATTEST: erson ION DON NEU Planning Director PC RESO NO. 6590 -8-