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HomeMy WebLinkAbout2014-05-07; Planning Commission; Resolution 7049 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 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 AMENDMENT TO ADD THREE (3) NEW FUEL PUMPS AND A 2,080 SQUARE FOOT GAS STATION CANOPY TO THE EXISTING COSTCO WHOLESALE FUELING STATION 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 GAS STATION CANOPY CASE NO.: CUP 90-03(E)/SDP 90-05(I)/CDP 97-05(B) WHEREAS, Costco Wholesale Corporation, “Developer/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 Amendment, as shown on Exhibits “A – H” dated May 7, 2014, on file in the Planning Division, CUP 90-03(E)/SDP 90- 05(I)/CDP 97-05(B) – COSTCO GAS STATION CANOPY as provided by Chapters 21.208, 21.06, and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 7, 2014 , hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, on May 21, 1991, the City Council approved CUP 90-03, described and conditioned in Planning Commission Resolution No. 3210, and most recently approved an amendment, CUP 90-03(D), on November 19, 2013 as described and conditioned in Planning Commission Resolution No. 7015; and PLANNING COMMISSION RESOLUTION NO. 7049 PC RESO NO. 7049 -2- 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 WHEREAS, on May 21, 1991, the City Council approved, SDP 90-05 described and conditioned in Planning Commission Resolution No. 3209; and most recently approved an amendment, SDP 90-05(H), on November 19, 2013 as described and conditioned in Commission Resolution No. 7015; and WHEREAS, on August 6, 1997, the City Council approved, CDP 90-07 described and conditioned in Planning Commission Resolution No. 4145; and most recently approved an amendment, SDP 90-05(A), on July 9, 2000 as described and conditioned in Commission Resolution No. 4794; 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 Amendment. 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(E)/SDP 90-05(I)/CDP 97-05(B) – COSTCO GAS STATION CANOPY 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 COSTCO warehouse will continue to provide convenient and safe access to goods desired by the community, and that the proposed fuel pumps and canopy additions are consistent with the General Plan and Local Coastal Program as discussed in Sections “A” and “E” of the staff report. 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 three (3) fuel pumps and 2,080 sq. ft. canopy addition to the existing COSTCO warehouse is a component of a retail use that is permitted in the C-2-Q Zone. PC RESO NO. 7049 -3- 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 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 three (3) fuel pumps and 2,080 sq. ft. canopy addition complies with all required development standards; is located entirely within or adjacent to a disturbed and constructed building footprint previously established by the existing fueling station, all required fencing, landscape trees, and parking will remain in place and the proposed improvements are adequately screened from public view in that they are located internal to the site near the main COSTCO entrance and the COSTCO property is separated by 650 feet from the nearest residential use. Approximately 2,250 square feet of landscape islands will be replaced with additional queuing for the fuel station and wider exiting lanes at Palomar Airport Road. 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 three new fuel pumps is 480 which is 1.2% 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 three (3) fuel pumps and 2,080 sq. ft. canopy addition 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 three (3) fuel pumps and 2,080 sq. ft. canopy addition are proposed with colors and materials used on the existing COSTCO fueling station which was approved in 1997 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 May 7, 2014. 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 fueling station. The location of the addition will not disrupt the existing vehicular circulation on the site in that it is in-line with existing driveways. Additional queuing is provided east of the existing and proposed fuel pumps. The additional 480 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 of service. Further, the proposed addition to the existing fuel station is compatible with the existing other retail uses in the area; therefore, the adjacent properties will not be adversely impacted. PC RESO NO. 7049 -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 9. That the site for the intended use is adequate in size and shape to accommodate the use, in that, the three (3) fuel pumps and 2,080 sq. ft. canopy addition complies with all required development standards and is located entirely within or adjacent to a constructed building footprint previously established by the existing COSTCO fueling station. 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 addition complies with all required setbacks and development standards, no special features are required to adjust the proposed addition to existing or permitted future uses since the three (3) fuel pumps and 2,080 sq. ft. canopy addition is located entirely within or adjacent to a constructed building footprint previously established by the existing COSTCO fueling station. 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 three (3) fuel pumps and 2,080 sq. ft. canopy addition is 480 which is 1.2% 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). 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). PC RESO NO. 7049 -5- 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 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 May 7, 2014 including, but not limited to the following: Land Use – The proposed project, an addition to an existing COSTCO Wholesale fueling station 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 onsite traffic circulation in that the existing western driveway that accesses Palomar Airport Road will be maintained and the existing eastern driveway exiting lanes will be enhanced through widening each of the lanes. The parking lot has been designed to meet the minimum fire access requirements. In addition, the proposed project (480 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 – The additional fuel pumps will not generate additional noise. 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. . . . . . . PC RESO NO. 7049 -6- 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 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 Amendment. 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 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 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 Amendment, (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 May 7, 2014 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. PC RESO NO. 7049 -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 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(E) 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(D)) as contained in Planning Commission Resolution No. 7015. 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 Amendment by Resolution No. 7049 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 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. PC RESO NO. 7049 -8- 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 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 re-configure the existing median and re-stripe the traffic lanes exiting onto Palomar Airport Road at the intersection with Armada Dr. in conformance with the layout shown on the site plan. Work to be done shall be shown as a construction revision to Sheet 5 of City DWG 323-9A to the satisfaction of the city engineer. Reconstruction and re-striping of the lanes must be completed prior to the issuance of a grading or building permit, whichever comes first. 19. 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: 20. 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. 21. 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. 22. 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. 23. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 7049 -9- 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 24. 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 7, 2014 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall and Siekmann w J&!J8WL_ 11 NEIL BLACK, Chairperson 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLSBAD PLANNING COMMISSION ATIEST: ~& DON NEU City Planner PC RESO NO. 7049 -10-