HomeMy WebLinkAbout2013-10-02; Planning Commission; Resolution 7015
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT AMENDMENT, SITE DEVELOPMENT PLAN
AMENDMENT, AND COASTAL DEVELOPMENT PERMIT TO DEMOLISH
1,240 SQUARE FEET OF EXISTING COOLER AREA, ADD 2,324 SQUARE
FEET OF NEW COOLER AREA, AND 1,813 SQUARE FEET OF NEW
RECEIVING AREA TO AN EXISTING 148,231 SQUARE FOOT COSTCO
BUILDING LOCATED ON PROPERTY AT 951 PALOMAR AIRPORT ROAD
WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 5. THE PROJECT QUALIFIES
AS A CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES)
CATEGORICAL EXEMPTION.
CASE NAME: COSTCO COOLER ADDITION
CASE NO.: CUP 90-03(D)/SDP 90-05(H)/CDP 13-05
WHEREAS, Costco Wholesale Corporation, “Developer and Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel B as shown on Certificate of Compliance No. 499 as evidenced
by document recorded November 25, 1997 as Instrument No. 1997-
0597508 of official records, being more particularly described as
Parcel 2 of Parcel Map No. 17542, in the City of Carlsbad, County of
San Diego, State of California, filed in the office of the county recorder
of San Diego County, June 27, 1995
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit
Amendment, Site Development Plan Amendment, and Coastal Development Permit, as shown on
Exhibits “A – J” dated October 2, 2013, on file in the Planning Division, CUP 90-03(D)/SDP 90-
05(H)/CDP 13-05 – COSTCO COOLER ADDITION as provided by Chapters 21.208, 21.06, and 21.201 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 2, 2013 , hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, on May 7, 1991, the City Council approved PRICE CLUB - CUP90-03, as
described and conditioned in Planning Commission Resolution No. 3210, and
WHEREAS, on October 21, 1997, the City Council approved COSTCO GASOLINE - CUP 90-
03(A), as described and conditioned in Planning Commission Resolution No. 4144, and
PLANNING COMMISSION RESOLUTION NO. 7015
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WHEREAS, on January 6, 1998, the City Council approved COSTCO OUTDOOR SEATING -
CUP 90-03(B), as described and conditioned in Planning Commission Resolution No. 4209, and
WHEREAS, on September 12, 2000, the City Council approved COSTCO GAS STATION
ADDITION – CUP 90-03(C), as described and conditioned in Planning Commission Resolution No. 4793,
and
WHEREAS, on May 21, 1991, the City Council approved, SDP 90-05 relating to the Site
Development Plan Amendment described and conditioned in Planning Commission Resolution No.
3209; and amended SDP 90-05 most recently on October 21, 1997 as described and conditioned in
Commission Resolution No. 4143, and
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 relating to
the Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal Development
Permit.
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.
B) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of CUP 90-03(D)/SDP 90-05(H)/CDP 13-05 – COSTCO
COOLER ADDITION based on the following findings and subject to the following
conditions:
Findings:
Conditional Use Permit
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, if
applicable, the certified local coastal program, specific plan or master plan, in that the cooler
and receiving area additions will continue to provide convenient and safe access to goods
desired by the community, and that the COSTCO Wholesale warehouse additions are
consistent with the General Plan and Local Coastal Program as discussed in Sections “A” and
“E” of the staff report.
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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 2,897 square foot addition to
the 148,231 square foot COSTCO Wholesale warehouse is a component of a retail use that is
permitted in the C-2-Q Zone.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the 2,897 square feet of additional building area complies with all required development
standards; is located entirely within or adjacent to a disturbed and constructed building
footprint previously established by the existing 148,231 square foot building, all existing
fencing, parking, and landscaping will remain in place and the proposed improvements are
adequately screened from public view in that they are located at the rear of the building and
separated by 650 feet from the nearest residential use.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the anticipated ADT generated by the 2,897 square feet
of addition is 180 which is 0.45% of the design capacity of Palomar Airport Road which is a
prime arterial.
5. That the proposed project is adequately designed to accommodate the high percentage of
visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed
use and site location within the overlay zone, in that the COSTCO Wholesale warehouse
includes surplus parking and was designed to accommodate a large volume of customers and
that the cooler and receiving area additions will provide better access to goods.
6. That the building forms, building colors, and building materials combine to provide an
architectural style of development that will add to the objective of high quality architecture and
building design within the overlay zone, in that the cooler and receiving area additions are
proposed with colors and materials used on the existing COSTCO Wholesale warehouse which
was approved in 1991 prior to the building design requirements of the overlay zone which
was approved in 1999.
7. That the project complies with all development and design criteria of the overlay zone, in that
all applicable standards of the overlay zone are satisfied as discussed in Table “5” of the
Planning Commission staff report dated October 2, 2013.
Site Development Plan
8. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be
detrimental to existing uses or to uses specifically permitted in the area in which the proposed
use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in
that the various goals and objectives of the General Plan will be implemented as discussed in
Section “A” of the staff report. The architecture of the addition is the same as the existing
building. The location of the additions will not disrupt the existing vehicular circulation on
the site in that they are located outside of existing driveways and parking areas, the
additional 180 average daily trips (ADTs) generated by this use can be accommodated on
Palomar Airport Road, and the surrounding intersections are operating at an acceptable level
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of service. Further, the proposed additions to the existing retail use are compatible with the
existing other retail uses in the area which are undergoing renovation; therefore, the adjacent
properties will not be adversely impacted.
9. That the site for the intended use is adequate in size and shape to accommodate the use, in
that, the 2,897 square feet of additional building area complies with all required development
standards and is located entirely within or adjacent to a constructed building footprint
previously established by the existing 148,231 square foot building.
10. That all 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 provided and
maintained, in that the additions comply with all required setbacks and development
standards, no special features excluding the existing fencing and landscaping which will
remain in place required to adjust the proposed additions to existing or permitted future uses
since the 2,897 square feet of additional building area is located entirely within or adjacent to
a constructed building footprint previously established by the existing 148,231 square foot
building.
11. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the anticipated ADT generated by the 2,897 square feet
of addition is 180 which is 0.45% of the design capacity of Palomar Airport Road which is a
prime arterial.
Coastal Development Permit
12. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies in that the proposed additions are
consistent with the LCP Land Use Plan, which designates the site Regional Commercial (R) and
allows for regional commercial-related uses. Furthermore, no agricultural activities, sensitive
resources, geological instability, flood hazard, or coastal access opportunities exists onsite,
and the development does not obstruct views of the coastline as seen from public lands or
public right-of-way or otherwise damage the visual beauty of the coastal zone.
13. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the
project will not interfere with the public’s right to physical access to the ocean and the
commercially designated site is not suited for water-oriented recreation activities.
14. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no natural steep
slopes ≥ 25% gradient will be affected by the project, and no native vegetation is located on
the subject site. In addition, the project site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods or liquefaction.
15. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the
Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not
required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter
21.202 of the Zoning Ordinance).
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16. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
General
17. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan based on the facts set forth in the staff report dated
October 2, 2013 including, but not limited to the following:
Land Use – The proposed project, an addition to an existing COSTCO Wholesale building
provides regional commercial services, draws customers from outside the city, generates tax
revenue and jobs, and provides goods and services to residents in the city.
Circulation – The proposed project will not adversely impact the traffic circulation in that the
two existing driveways will be maintained and the parking lot has been designed to meet the
minimum fire access requirements. In addition, the proposed project (180 ADT) will not
adversely impact the levels of service of the surrounding roadways and key intersections,
which are operating at an acceptable level of service.
Noise – As the proposed additions are enclosed structures, noise generated by the proposed
use will be contained. In addition, as all of the nearby adjacent land uses are also retail-
related or open space, the proposed project is compatible with the adjacent properties.
Open Space and Conservation – Open Space will be protected since a storm water
management plan has been prepared for the proposed project. In addition, the project has
been conditioned to conform to all NPDES requirements and Best Management Practices.
Public Safety – The project is protected from seismic activity since the proposed structural
improvements have been designed in conformance with all seismic design standards.
18. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public 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 project will be installed to serve new
development prior to or concurrent with need.
19. That the City Planner 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 preparation of
environmental documents pursuant to Section 15301, Existing Facilities, of the state California
Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
20. 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 degree
of the exaction is in rough proportionality to the impact caused by the project.
. . .
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building
permit.
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 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 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, Site Development Plan Amendment, and Coastal
Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit Amendment, Site Development Plan Amendment,
and Coastal Development 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, 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.
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 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.
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 Amendment, Site
Development Plan Amendment, and Coastal Development Permit, (b) City’s approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (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 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 City Planner a reproducible 24” x 36” mylar copy of the Site Plan
dated October 2, 2013 reflecting the conditions approved by the final decision-making body.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. 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 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.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #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 Local Facilities Management Plan fee
for Zone 3, 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 approval will not be consistent with the General Plan
and shall become void.
12. CUP 90-03(D) shall be reviewed by the City Planner annually to 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, safety and general welfare. If, at any time, the City
Council, Planning Commission, or City Planner determines that there has been, or may be, a
violation of the findings or conditions of this conditional use permit, or of the Municipal Code
regulations, a public hearing may be held before the City Council to review this permit. At said
hearing, the City Council may add additional conditions, recommend additional enforcement
actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal
Code and the intent and purposes of the Commercial/Visitor-Serving Overlay Zone, and to
provide for the health, safety, and general welfare of the City.
13. This project shall comply with all conditions required as part of the approved Conditional Use
Permit (CUP 90-03(C)) as contained in Planning Commission Resolution No. 4793 except
Condition No. 11 which is replaced by Condition No. 14 below and Condition No. 13 which has
been satisfied.
14. This Conditional Use Permit Amendment 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
detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met.
15. Prior to the issuance of the building 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 City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal
Development Permit by Resolution No. 7015 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 restrictions specified for inclusion in the
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Notice of Restriction. The City Planner 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 or successor in interest.
16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building or grading permit
whichever occurs first.
17. Prior to hauling 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.
18. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent 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 stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
Code Reminders:
19. 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. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
20. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 5 as required by Carlsbad Municipal Code Section 21.90.050.Developer shall pay a
landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
21. 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 permit issuance,
except as otherwise specifically provided herein.
22. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
. . .
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23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and the Car Country Specific Plan and shall require
review and approval of the City Planner prior to installation of such signs.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
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.
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