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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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