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HomeMy WebLinkAbout2018-12-05; Planning Commission; Resolution 7316PLANNING COMMISSION RESOLUTION NO. 7316 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR 1) THE DEMOLITION OF AN EXISTING VACANT BUILDING AND PARKING LOT, AND 2) DEVELOPMENT OF THE SITE WITH A NEW CAR WASH USE, LOCATED AT 6010 AVENI DA ENCINAS WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: ECO-FRIENDLY AUTO SPA CASE NO.: CUP 2017-0009/CDP 2017-0049 (DEV2017-0010) WHEREAS, Stellar Properties, LLC, "Owner/Developer" has filed a verified application with the City of Carlsbad regarding property described as A portion of lot "H" or Rancho Agua Hedionda, in the county of San Diego, state of California, according to partition map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit and Coastal Development Permit as shown on Exhibit(s) "A" -"S" dated December 5, 2018, on file in the Planning Division, CUP 2017-0009/CDP 2017-0049 -ECO-FRIENDLY AUTO SPA, as provided by Chapters 21.42 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 5, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; 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 CUP and CDP. 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 Commission APPROVES CUP 2017-0009/CDP 2017-0049 -ECO-FRIENDLY AUTO SPA, 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, in that the use provides a retail car wash service in a convenient location to the surrounding residential, commercial, office and industrial users. The use is located near major arterials (Palomar Airport Road and Avenida Encinas) that will provide easy access to the facility without the need of driving through residential neighborhoods. A car wash facility is a desirable use within the city because strict water usage laws discourage residents from washing their vehicle at home and an alternative method is needed. This facility will reduce water usage by its enhanced recycled water system and by allowing an alternative to residents who otherwise may wash their cars at home. Also, the project will result in lower carbon emissions from people who may otherwise have to drive longer distances to go to other car washes. Lower vehicle miles traveled, reduced carbon emissions and lower water usage resulting from this project are all goals of the city's General Plan. 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 project will not create traffic issues in the vicinity. A project traffic analysis was prepared by Chen Ryan Associates on October 3, 2017, and concluded that all transportation standards will be met (see additional discussion below). There is sufficient access from Palomar Airport Road and Avenida Encinas to accommodate the proposed use without creating any detrimental impacts to adjacent users or major intersections. Usage of the site will be spread over the entire day and there will be no peak time impacts to the major roadways and intersections in the vicinity. The project has also been designed to minimize noise impacts emanating from the car wash facility. The building is oriented to direct noise away from nearby residences to the west. A noise impact analysis, conducted by Eilar Associates Inc. (dated December 5, 2017), concluded that the project does not exceed any city noise standards as designed. Additionally, the project is compatible with surrounding uses since it is an automobile service center that is incorporated into the surrounding automobile service-related uses, such as Toyota Carlsbad Parts & Service, Toyota Carlsbad Collision Center, Carlsbad Collision Center, and Hertz Rent-a-Car. A car wash use is specifically permitted in the M Zone and supports a cohesive development pattern of automobile service uses. Therefore, this use is not detrimental to existing uses located nearby and those permitted in the M 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 car wash will occupy a newly constructed 5,135-square-foot stand-alone building on a 1.15-acre lot. Parking will also be provided for each vacuum station for the convenience of customers. The car wash building and accessory structures meet all required setbacks, height PC RESO NO. 7316 -2- limits and parking requirements pursuant to the city's Municipal Code. Landscaping is proposed within the parking lot, along the street frontage and throughout the site consistent with all requirements of the city's Landscape Manual. The building is oriented to ensure minimal visual and noise impacts to surrounding land uses. The site is adequate in size and shape to accommodate the proposed car wash use while meeting all Municipal Code requirements. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that a project traffic analysis prepared by Chen Ryan Associates on October 3, 2017, shows that the previous use (auto dealership, parts and repair for specialty vehicles) had a total average daily trip (ADT) generation of 600 ADT (30 during AM peak and 48 during PM peak). For purposes of existing street and intersection capacity, this traffic is already included in existing levels. With the proposed car wash, the total ADT generation for the site would be 660 ADT, so only 60 ADT (net 12 new peak trips) will be added to the street system from this project. The 60 ADT net increase is considered very minimal to the existing street system and would not create a change to the existing level of service. Additionally, the existing uses on the adjacent Toyota Carlsbad site, such as Toyota Carlsbad Parts & Service, Toyota Carlsbad Collision Center, Carlsbad Collision Center, and Hertz Rent-a- Car, would make up approximately 34 percent of all car wash usage. Because the internal driveway system connects all the above uses, there would be no traffic generated by these users that would enter the public street system. The existing street system of Palomar Airport Road and Avenida Encinas is adequate to properly handle the traffic generated by the new car wash. Conditional Use Permit, Development Standards and Special Regulations for a Car Wash Use 5. The site shall be designed to reduce the visual impacts of buildings and waiting cars on surrounding development and from public streets, in that the project incorporates a 36-inch-high green screen planted with dense landscaping to reduce any potential visual impacts of cars stacking parallel to the Avenida Encinas street frontage. Trees and other informal landscape groupings have been strategically located within a 15-foot-wide landscape planter along the Avenida Encinas street frontage to accent, screen and/or otherwise enhance certain architectural features of the proposed architectural design. Groupings of dense landscape have been placed near the entrance into the car wash building and street frontage to help in reducing views of the interior operations of the car wash building to pass-by traffic. Adjacent properties to the north and south of the site are also buffered by landscape planters of approximately 8- to-10 feet in width, which are each planted with 4-to-5-foot tall green screen type shrub rows and additional palm trees planted every 30 feet for visual effect. 6. All structures shall be architecturally designed to ensure compatibility with surrounding development, in that the proposed car wash facility design complements the existing office and industrial buildings that are situated adjacent to the site. Like the surrounding architecture, the exterior of the proposed building employs large areas of glass, aluminum-framed windows, and accent bands of stone/tile. The proposed colors are similar to and consistent with the adjacent Toyota Carlsbad campus theme. Landscape plantings and dense green screens have been incorporated along the project frontage to reduce any potential visual impacts of cars stacking parallel to the Avenida En,cinas street frontage and to further reduce direct visibility into the car wash building itself. PC RESO NO. 7316 -3- 7. A noise analysis addressing noise impacts on surrounding development may be required, in that the proposed project has been designed to minimize noise impacts to adjacent properties, especially the residential homes to the west. The project utilizes the most modern technology to minimize noise levels emanating from the car wash facility. The design and orientation of the proposed facility ensures that noise is directed away from residential uses. A noise impact analysis, conducted by Eilar Associates Inc. (dated December 5, 2017), concluded that the project does not exceed any city noise standards as designed. The proposed dryer equipment discussed in the report is conditioned to be incorporated into the final construction design as well as a requirement to perform a subsequent operational-type noise impact analysis prior to final inspection and operation of the car wash use. 8. A traffic study which analyzes the impact of the proposed car wash on adjacent and nearby intersections may be required. The limits of this study shall be established by the City Planner, in that a project traffic analysis prepared by Chen Ryan Associates on October 3, 2017, shows that the previous use (auto dealership, parts and repair for specialty vehicles) had a total average daily trip (ADT) generation of 600 ADT (30 during AM peak and 48 during PM peak). For purposes of existing street and intersection capacity, this traffic is already included in existing levels. With the proposed car wash, the total ADT generation for the site would be 660 ADT, so only 60 ADT (net 12 new peak trips) will be added to the street system from this project. The 60 ADT net increase is considered very minimal to the existing street system and would not create a change to the existing level of service. Additionally, the existing uses on the adjacent Toyota Carlsbad site, such as Toyota Carlsbad Parts & Service, Toyota Carlsbad Collision Center, Carlsbad Collision Center, and Hertz Rent-a-Car, would make up approximately 34 percent of all car wash usage. Because the internal driveway system connects all the above uses, there would be no traffic generated by these users that would enter the public street system. The existing street system of Palomar Airport Road and Avenida Encinas is adequate to properly handle the traffic generated by the new car wash. 9. Adequate parking and circulation shall be provided on-site to accommodate the proposed use, in that the project provides adequate parking for employees, disabled persons and customers; and the onsite circulation is designed to accommodate the queuing of multiple vehicles and easy access through the site for customers, emergency personnel and waste management services. 10. Waiting areas for cars shall be screened by a combination of landscaping, fencing and berming, in that the stacking lanes for cars approaching the entrance to the car wash facility will be lined with a 36-inch tall metal green screen type fence set directly behind the drive aisle curb edge closest to Avenida Encinas. The screen will be planted with pink jasmine vines at densely- spaced intervals to immediately grow to form a natural visual barrier. This screen will extend along the length of the drive aisle paralleling Avenida Encinas to help with the screening of stacked cars awaiting entrance into the car wash building. In addition, a 15-foot wide area of landscaping has been incorporated along this frontage between the green screen and back of public sidewalk. This area is being planted in accordance with the city's Landscape Manual and with time will grow to further assist in visually buffering waiting cars. 11. All signs shall comply with an approved sign program, in that a requirement to submit a sign program consistent with the signage requirements as outlined within the city's Municipal Code has been made a condition of approval. PC RESO NO. 7316 -4- 12 . Adequate means of eliminating grease and oils from drainage systems shall be provided, in that the proposed car wash building employs a water recovery recycling system specifically designed for capturing drain water emanating from the car wash use, filtering out grease, oils and other debris, and restocking in underground tanks for continued reuse during the wash cycle applications. Coastal Development Permit 13. That the proposed development is in conformance with the Certified Local Coastal Program {Mello II Segment) and all applicable policies, in that the site is designated for Planned Industrial {Pl} type development and ancillary commercial uses and the proposed car wash facility is an ancillary commercial use serving the adjacent Toyota Carlsbad Service Center and general public; the development is consistent with the LCP Mello II land use designation of Planned Industrial (Pl}; no agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite; and given the project's distance from the coastline will not obstruct views of the coastline as seen from public lands or public right-of-way nor otherwise damage the visual beauty of the coastal zone. 14. 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 coastal shoreline; and therefore, will not interfere with the public's right to physical access or water-oriented recreational activities. 15. 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 run-off, pollutants and soil erosion. Additionally, the subject property is a previously graded and developed parcel that does not include any steep slopes or any native vegetation. Lastly, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. General 16. 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 December 5, 2018 including, but not limited to the following: a. Land Use & Community Design -the General Plan Land Use designation for the property is Planned Industrial (Pl}. The Pl land use designation, which is primarily intended to provide and protect industrial lands for corporate office, research and development and manufacturing uses, also allows for ancillary commercial uses, such as a car wash. Additionally, the project and use is consistent with Policies 2-G.2, 2-G.3, 2-G.5, 2-P.29 and 2-P.37 in that 1} the proposed project provides a convenient commercial service in close proximity to Carlsbad residents and employees. The project site is conveniently located near major and prime arterial streets allowing easy access for residents and workers within the city to wash their vehicles; 2} the proposed project is an infill development located adjacent to the existing Toyota Carlsbad Service Center. The proposed car wash is PC RESO NO. 7316 -5- compatible with and will be integrated into the existing service center through shared points of access and driveways. This project supports a cohesive development pattern of automobile service uses in this vicinity; 3) the proposed project has been designed and conditioned to minimize any adverse visual and noise impacts to existing residential neighborhoods within the vicinity; 4) the car wash use, proposed by Toyota Carlsbad, is an ancillary commercial service intended to support their adjacent service center, as well as being made available for use by other surrounding businesses and the general public; and 5) the subject site is contained within Review Area 2 of the Airport Influence Area (AIA); and thus, the proposed use and development proposal is subject to the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). However, the project site is located outside of Safety Zones 1-6 as well as all noise exposure contours; and thus, the proposed use is considered compatible. Additionally, the project site, with a pad elevation of 55 feet above mean sea level (MSL) is well below the minimum FAA Height Notification Boundary of 331 feet MSL. Although the subject site is located within the Airport Overflight Notification Area, an overflight notification is not required due to the proposed use being non- residential development. The proposed use and development is therefore consistent with the applicable land use compatibility policies as contained within the ALUCP. b. Noise -the project and use is consistent with Goal 5-G.3, and Policies 5-P.5 and 5-P.12, in that 1) the proposed project has been designed to minimize noise impacts to adjacent properties, especially the residential homes to the west on the other side of the railroad tracks. The project utilizes the most modern technology to minimize noise levels emanating from the car wash facility. The design and orientation of the proposed facility ensures that noise is directed away from residential uses. A noise impact analysis, conducted by Eilar Associates Inc. (dated December 5, 2017), concluded that the project does not exceed any city noise standards as designed. The proposed dryer equipment discussed in the report is conditioned to be incorporated into final construction design as well as a requirement to perform a subsequent operational-type noise impact analysis prior to final inspection and operation of the car wash use; and 2) the proposed building is located outside of the 60 dB CNEL Noise Exposure contour pursuant to Exhibit 111-1 of the ALUCP. Where the project site is exposed to less than 60 dB CNEL, the proposed land use is considered compatible. c. Mobility-the projecttraffic analysis prepared by Chen Ryan Associates on October 3, 2017, shows that the previous use (auto dealership, parts and repair for specialty vehicles) had a total average daily trip (ADT) generation of 600 ADT (30 during AM peak and 48 during PM peak). For purposes of existing street and intersection capacity, this traffic is already included in existing levels. With the proposed car wash, the total ADT generation for the site would be 660 ADT, so only 60 ADT (net 12 new peak trips) will be added to the street system from this project. The 60 ADT net increase is considered very minimal to the existing street system and would not create a change to the existing level of service; and 2) the existing uses on the adjacent site (Toyota Carlsbad Parts & Service, Toyota Carlsbad Collision Center, Carlsbad Collision and Hertz Rent-a-Car) would make up for approximately 34 percent of all car wash usage. Because the internal driveway system connects the project site with all of these adjacent uses, there would be no traffic generated by these users that would enter the public street system. This cohesive development pattern of automobile service-related uses allows for a sharing of private driveways on site, providing for a safer and more efficient movement of goods. PC RESO NO. 7316 -6- d. Sustainability -the project and use is consistent with Policy 9-P.1, in that a Greenhouse Gas Emissions study was prepared for the project by Rincon Consultants, Inc. {November 2017). The estimated emissions associated with both construction and operational activities are projected to be below the 900-metric ton screening threshold of the city's Climate Action Plan {CAP); and thus, the project is exempt from the provisions of the CAP. e. Public Safety -the project and use is consistent with Policy 6-P.34, in that the project requires approval of a building permit. The building permit review process requires submittal of construction drawings for review and compliance with the Uniform Building and Fire codes. 17. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 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 project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for 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. c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 18. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that 1) the proposed use is located outside of the 60 dB CNEL noise contour and thus is not impacted by airport noise; 2) the project site, with a pad elevation of 55 feet above mean sea level {MSL), is well below the minimum FAA Height Notification Boundary of 331 feet MSL and thus notification is not required; 3) although this project is within the Airport Overflight Notification Area, the use is non-residential development, and thus, the recordation of an overflight notification is not required; and 4) the project site is located outside of all Safety Zones; and thus is considered a compatible land use within the Airport Influence Area. 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 15332, in-fill development of the State CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 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 PC RESO NO. 7316 -7- 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. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 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 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 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 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. 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. PC RESO NO. 7316 -8- 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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. 9. 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. 10. 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. 11. 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 and Coastal Development Permit by Resolution No. 7316 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. 12. CUP 2017-0009 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 the City Planner 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 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 City Planner shall recommend that the Planning 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 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. PC RESO NO. 7316 -9- 13. 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 detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 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 City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 17. 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 City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 18. Developer shall submit and obtain City Planner 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. 19. 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 and Economic Development Department and Planning. 20. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the City Planner. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 21. Elephant Ears Air Dryers, manufactured by Sonny's Tunnel Equipment, or industry equivalent shall be installed consistent with the project Noise Impact Analysis (Eilar Associates, Inc., Job No. B70908Nl) dated December 5, 2017. A letter signed by the acoustical engineer and project architect, which contains the architect's registration stamp and certifying that the recommendations of the acoustical study have been incorporated into the building plans, shall be submitted and approved to the satisfaction of the City Planner prior to building permit issuance. PC RESO NO. 7316 -10- 22. Prior to request for Final Inspection or operations of the carwash, confirmation noise testing shall be conducted to ensure compliance with the recommendations of the project Noise Impact Analysis (Eilar Associates, Inc., Job No. B70908Nl) dated December 5, 2017. If noise levels are found to exceed 55 dB LEQ during the daytime hours, as measured at noise-sensitive property lines, additional noise abatement measures shall be incorporated to reduce noise to acceptable levels. A final noise impact analysis confirming the above shall be submitted to the satisfaction of the City Planner. 23. Individual recycling debris canisters shall be distributed throughout the vacuum stall area and provided in convenient accessible locations. 24. This conditional use permit does not authorize automobile detailing, which shall be prohibited from occurring on the premises. 25. The permitted hours of operation for the car wash use shall be Monday through Friday, 7 AM to 8 PM; Saturday, 8 AM to 7 PM; and Sunday, 9 AM to 7 PM. 26. Developer shall submit and obtain City Planner approval of a sign program for the project. All signs shall be constructed and installed in accordance with the approved sign program. 27. Developer shall not allow customer vehicles to queue into the public sidewalk or onto Avenida Encinas at any time. 28. Approval is granted for CUP 2017-0009/CDP 2017-0049 as shown on Exhibits "A" -"S", dated December 5, 2018, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. Engineering: General 29. Prior to hauling dirt or 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. 30. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 31. Developer shall include rain gutters on the building plans subject to the City Engineer's review and approval prior to issuance of a building permit. Developer shall install rain gutters in accordance with said plans. 32. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. PC RESO NO. 7316 -11- 33. Developer shall submit to the City Engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied on the construction grading plans . Fees/ Agreements 34. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 35 . Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 36. Developer shall cause property owner to submit an executed copy to the City Engineer for recordation a city standard Permanent Storm Water Quality Best Management Practice Maintenance Agreement. Grading 37. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by City Engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 38. This project requires off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from the. owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and City Planner. Storm Water Quality 39. Developer shall comply with the city's Storm Water 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 storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 40. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff PC RESO NO. 7316 -12- during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 41. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 42 . Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 43. Developer shall cause owner to submit to the City Engineer for recordation a covenant of easement for private drainage and a separate covenant of easement for reciprocal access purposes as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 44. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 45. Developer shall design all proposed public improvements including but not limited to streetlights, driveways, sidewalk, water services/meters, and driveway replacement with curb, gutter and sidewalk as shown on the site plan. These improvements shall be shown on one of the following, subject to City Engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing 46. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 47. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. PC RESO NO. 7316 -13- Utilities 48. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 49. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. 50. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and City Engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 51. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 52. 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. 53 . Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 54. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050. 55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 56. 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. 57. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 58. 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. PC RESO NO. 7316 -14- 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 5, 2018 by the following vote, to wit: AYES: Chair Montgomery, Commissioners Anderson; Luna, Merz, Meenes and Segall NOES: None ABSENT: Commissioner Geidner ABSTAIN: None l?le>. MARTELL MONTGOMERY, CARLSBAD PLANNING COMMISSION ATTEST: ~~ DON NEU City Planner PC RESO NO. 7316 -15-