HomeMy WebLinkAbout1991-06-11; City Council; 11198; Mobil Minimart/Car Wash.
CIT\ IF CARLSBAD - AGEND - BILL
\AB # //,/fiB TITLE: APPEAL OF A CONDITIONAL USE PERMIT TO
I 6 -1~ %’ CONSTRUCT A GAS STATION/MINI-MART AND SELF- SERVE CAR WASH - CUP 9002/SDP 90-4 - MOBIL OIL
IEPT. PLN I ------ - 1 CITY MGRW I
IECOMMENDED ACTION:
That the City Attorney be instructed to prepare documents UPHOLDING Planning Commission Resolution No. 3203, Condition No. 11 which states in brief that Conditional Use Permit 90-2 is granted for a period of five (5) years and may be extended for a reasonable period of time not to exceed (10) years upon written application of the permittee.
ITEM EXPLANATION
Conditional Use Permit 90-2 and Site Development Plan 90-4 permits the construction of a gas station/mini-mart/self-serve car wash at the southwest corner of Palomar Airport Road and Paseo De1 Norte. The applicant is appealing Planning Commission Resolution No. 3203, Condition No. 11 for economic and investment reasons as stated in the attached appeal letter dated April 24, 1991. The
applicant is requesting that the City Council amend the condition by replacing the 5 year expiration date with a 25 year expiration date. At the April 17, 1991 Planning Commission hearing the applicant requested that the Planning Commission modify Condition No. 11 by eliminating the expiration date entirely. The Planning
Commission chose to approve the project by a unanimous vote with Condition No. 11 specifying the 5 year expiration.
Condition No. 11 states that the CUP 90-2 is granted for a period of 5 years and shall be reviewed by the Planning Director on a yearly basis to determine compliance with conditions of approval and to evaluate impacts on surrounding land uses. If conditions are not complied with and there are adverse impacts, the permit may be revoked at any time after a public hearing. The permit may
also be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90, days prior to the expiration date. There is no limit to the
number of extensions the Planning Commission may grant.
The Planning Department recommends that the standard 5 year
expiration date remain in Condition No. 11. Five years provides
the applicant reasonable time to establish the use and fine tune the operation of the facility. At the time of the 5 year extension, if the development is not in compliance with the conditions of approval, or if there are significant detrimental impacts on surrounding properties or to the public health and welfare, then the burden of proof is placed on the applicant not the City. Before the permit is renewed by the City, the applicant would have to demonstrate compliance with the conditions of approval and reduce the impacts to the surrounding area.
FISCAL IMPACT
None.
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PAGE 2 OF AGENDA BILL NO. //: /Tf
EXHIBITS
1. Location Map 2. Planning Commission Resolution Nos. 3202, 3203 & 3204 3. Planning Commission Staff Report dated April 17, 1991 w/attachments 4. Letter of Appeal dated April 24, 1991 5. Excerpts of Planning Commission Minutes dated April 17, 1991
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MOBIL OIL I CUP 9092/SDP 90-4
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PLANNING COMMISSION RESOLUTION NO. 3202
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE
DECLARATION FOR A CONDITIONAL USE PERMIT AND
SITE DEVELOPMENT PLAN, TO DEVELOP A COMBINATION
GAS STATION/MINI-MART/CAR WASH AT THE
SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND
PASEO DEL NORTE.
CASE NAME: MOBIL OIL
CASE NO.: CUP 90-2/SDP 90-4
WHEREAS, the Planning Commission did on the 3rd day of April, 1991, and
on the 17th day of April, 1991, 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, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES the Negative Declaration according to Exhibit “ND”, dated
January 10, 1991, and “PII”, dated December 26, 1990, attached hereto and made
a part hereof, based on the following findings:
Findings:
1. The initial study shows that there is no substantial evidence that the project may
have a significaut impact on the environment.
2. The site has been previously disturbed by existing development and impacted by
human activities.
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3. The streets are adequate in size to handle traffic generated by the proposed
1 project.
2 4. There are no sensitive resources located onsite or located so as to be significantly
3 impacted by this project.
4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
5 Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, by
6 the following vote, to wit:
7 AYES: Vice-Chairperson Erwin, Commissioners: Schlehuber,
8 Schramm, McFadden, Marcus & Hall.
NOES: None.
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ABSENT: Chairperson Holmes.
ABSTAIN: None.
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ATTEST:
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18 MICHAEL J. HGl!~MILlk!R
PLANNING DIRECTOR
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TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Southwest corner of Palomar Airport Road and
Paseo De1 Norte.
PROJECT DESCRIPTION: Gas station/mini-mart/self-serve car wash.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact
on the environment) is hereby issued for the subject project. Justification for this action is
on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Planning Department within 30 days
of date of issuance.
DATED: JANUARY lo,1991
CASE NO: SDP 90-4/CUP 90-2
MICHAEL J.?IOLtiILLER
Planning Director
APPLICANT: MOBIL OIL
PUBLISH DATE: JANUARY 10, 1991
JG
2075 Las Paimas Drive - Carlsbad. California 92009-4859 l (619) 438- 116 1
ENWRONMENTAL IMPACT ASSFSSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. SDP 90-4/CUP 90-2
DATE: December 26. 1990
BACKGROUND
1. CASE NAME: Mobil Oil Gas Station
2. APPLICANT: Ken HUeDDer, Mobil Oil
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 18634 Lancashire Wav
San Dieno. CA 92128
4. DATE EIA FORM PART I SUBMITTED: Februarv 7. 1990
5. PROJECT DESCRIPTION: Gas station with eight fuel DUII~DS, mini-mart and self serve car wash.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a signi&ant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a sign&ant effect on the environment. On the checklist, “NO” will be checked
to indicate this determination.
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* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a significant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse! impacts are mitigated so that environmental effects can be deemed
insimificant. These findings are shown in the checklist under the headings ‘YES-sig” and “YES-insig”
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
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PHY!3cAL ENvIRor+IMJWT
WII,L THE PROPOSAL D[RECl-LY OR INDIRECTLY:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Result in unstable earth conditions or increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any nam resources?
Use substantial am&m& of fuel or energy? -1
Alter a sign&ant archeological,
paleontological or historical site,
structure or object?
YES NO (insig)
x
x
x
x
x
x
x
x
X
x
X
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BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL DIREC’IIY OR INDIRECTLY: Ei S SI
12.
13.
14.
15.
16.
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an area, or result in a barrier to the
migration or movement of animals?
HUMAN -0NMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
17. Alter the present or planned land use
of an area?
18. Substantially affixf$ubk utilities,
schools, police, fire;. emergency or other
public services?
NO
x
x
x
x
x
Y-5 S SI F S mig) NO
x
x
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. HUMAN ENVIRONMENT --
W[LL THE PROPOSAL DIRECXLY OR INDIRECTLY:
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Result in the need fornew or modified sewer
systems, solid waste or hazardous waste control systems?
Increase existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing? x
Generate substantial additional traffic? x -
Affect existing parking facilities, or
create a large demand for new parking? x
Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail or air traB?
x -
x
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians? x
Interfere with emer’lcncy response plans or
emergency evacuath plans? x
Obstruct any scenic vista or create an
aesthetically offensive public view? X
Affect the quality or quantity of
existing recreational opportunities? X
T5 S SI
l MANDATORY FINDINGS OF SIGNIFICANCE
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WILL THE PROPOSAL DIRJXLY OR INDIRECTLY: YES
33.
34.
35.
36.
Does the project have-the potential
to substantially degrade the quality
of the environment, substantially reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.)
Does the project ti ~vironmental
effects which will ;rcbpt substantial
adverse effects on hUan beings,
either directly or indirectly?
F S msig) NO
x
x
x
X
D:SCUSStON OF ENVIRONMENTAL EVALUATION --
Proiect DescriDtion
Demolition of an existing auto repair service type gas station with four fuel pumps, removal of the &sting
underground gasoline storage tanks, and construction of a new mini-mart/car wash type service station with
eight fuel pumps and new underground storage tanks, all located at the southwest comer of Palomar Airport
Road and Paseo De1 Norte. Adjacent land uses consist of a used automobile storage lot to the south and a
restaurant to the west. The project is located in the Coastal Zone.
Physical Environment
1,2.
3.
4,7.
5.
6.
8.
The lot is level, was previously graded, and is currently developed with a gas station. Grading of the
site will include 129 cubic yards of cut, 204 cubic yards of fill, and 75 cubic yards of export to
accommodate new foundations and the underground fuel storage tanks. The grading will not
appreciably change the topography nor create unstable earth conditions, and the site contains no unique
physical features.
The entire site will be covered with paving, building foundation, and landscaped planters, therefore
onsite erosion of exposed soils will not result. Drainage and erosion control facilities (during construction phase) will be incorporated into the project by condition of approval and the project will
be required to meet all City Engineering standards and policies, therefore significant erosion and
drainage impacts will not result.
The project is not adjacent to a river, stream, lake or major body of water, and the grading and
drainage will not impact the deposition of beach sand or modify water features.
The applicant has obtained an Air Pollution Control District Authority to Construct Permit (No. 880610)
and a Permit To Operate (No. 6877) !kom the Air Pollution Control District. This gas station also
replaces an existing station, therefore additional cumulative impacts are minimal and compliance with
the appropriate regulatory permits will reduce air pollution impacts to a level of insignificance.
The site is relatively small (0.6 acres) and contains an existing gas station, therefore onsite physical
conditions will not be drastically altered and impacts to air movement, moisture, and temperature will
be minimal. The fuel dispensing nozzles are required to contain vapor recovery systems thus reducing
the impacts of odors.
The car wash con- a water recycling system with eventual discharge into the sewage system.
Approval of the pe will be conditioned with the requirement to obtain a Waste Discharge permit
from the Encina We Pollution Control Facility. The site is currently developed, therefore the new
gas station/car wash/mini-mart will not increase the cumulative impacts created by urban runoff into
surrounding man-made and natural drainage facilities.
9,lO. The project is very small in scale, covering only .65 acres, therefore during the construction phase the
usage of natural resources will be insignifkant. The gas station is a service use and will not consume
substantial amounts of fuel or energy.
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w$C~SSION OF ENVIRONMENTAL EVALUATION (cont’d)
11. -The project site has been previously graded and developed with an existing gas station, therefore
significant impacts to archeological or paleontological resources is not anticipated.
t3iolonical Environment -
12, I 3 The project site has been previously graded and developed with a gas station and is an infill lot
14, I 5 surrounded by urban development, therefore there will be no significant negative impacts to biological
16. resources or animal travel and migration patterns. The site contains no natural plant or animal habitats
or species.
tlumnn Environment
17. The parcel is designated for commercial vistor/travel service land uses on the General Plan Land Use
Map and the proposed use is consistent with this designation.
18. The project is consistent with the General Plan and zoning and will be conditioned to comply with the
requirements of the Local Facilities Management Plan for Zone 5. As a result of the project’s
conformance with adopted land use and facility plans, it will not signifcantly impact public facilities.
The adopted Facilities Management Plan assures that all public facilities will be in place prior to
development.
19. The project’s compliance with the requirements of a regulatory permit from the Encina Water Pollution
Control Facility will minimize the impacts to solid waste treatment facilities.
20. The self-serve car wash will increase surrounding noise levels but will not significantly impact
surrounding land uses or add to the ambient noise levels of the area. The project is located adjacent
to a freeway off-ramp and the intersection of two large circulation element roadways. The surrounding
roadways all generate high levels of traffic noise. The Model RirB-Mini-Tunnel and Ultra Cleaner car
wash structure generates noise levels in the range of 66 to 76 Leq dBA during the drying cycle
(measured at 40 to 60 feet from the entrance and exit of the car wash). Noise pollution in the range of 70 to 75 Leq dBA is equivalent to average street noise or a radio. The area contains no noise
sensitive land uses and the restaurant located directly west is approximately 150 feet away from the
entrance ,to the car wash.
21. The project will replace an existing gas station and will not incrementally add light and glare to the
surrounding environment. The canopy that covers the fueling area will screen light downward and
prevent light f?oxn:~ outward or upward, thus reducing impacts to surrounding parcels. ; -*v-,
22. Compliance with California Health and Safety Code Section 41960, and Rule 20 of the Air Pollution
Control District Ruies and Regulations as stated in the required regulatory permits for the construction
and operation of a gasoline dispensing facility will reduce the risk of explosion and release of hazardous
substances to a level of insignifIcance.
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QJ S( XSSION OF ENVIRONMENTAL EVALUATION Icont’d) --
23,24,The proposed land use is commercial service, therefore the project will not substantially alter the
den&y of the human population in the area or substantially effect housing. The gas station replaces
an existing station and the new development represents a minimal intensification of the site’s land use,
resulting in an insignificant generation of additional employment and subsequent demand for housing.
25,27,The project will generate additional traffic, and a traffic study has been prepared for the project which
29. indicates that the development will not significantly impact the surrounding street system and the
existing patterns of pedestrian and traffic circulation. Consolidation of the four existing driveways into
two driveways both located farther away from the intersection of Palomar Airport Road and Paseo De1
Norte will make traffic and pedestrian circulation at the intersection safer.
26. The project complies with the City’s Parking Ordinance and has six designated onsite parking spaces,
therefore the project will not affect existing parking facilities or create a large demand for new offsite
parking.
28.
30.
The project will have no effect on waterborne, rail or air traffic.
The project will not interfere with emergency reponse plans or emergency evacuation plans. The traffic
study concludes that onsite t&f% circulation and accesss will be adequate to handle the traiZc demand,
therefore constrained and inadequate emergency access and evacuation of the site is not anticipated.
31. The project will not obstruct scenic vistas and the approved building elevations, materials, and
architecture will not create an aesthetically offensive public view. Extensive site plan review of the
project by the Planning Department will ensure that the improvements are compatible with the surrounding neighborhood and comply with all City ordinances and policies. Conditions of approval
for the site plan will require landscaping to enhance the visual aesthetics of the development and
provide some visual screening of the building and driveways.
32. The project will not adversely affect the quality or quantity of existing recreational opportunities.
33. The project replaces an existing gas station located on a previously graded, level, infill lot that is
surrounded by existing development. As a result of the existing site condition, the project will not have
an impact on biolow or cultural resources.
34,35The additional int&&&ation of land use from an existing gas station to a slightly larger gas station
with a car wash an& mini-mart will not create substantial additional cummulative impacts, nor effect
longer tern environmental goals. The land use is planned for in the General Plan and consistent with
the zoning, both of which are tools used to balance the City’s long range environmental goals with its
physical development goals.
36. Noise, fuel dispensing hazards, and additional traffic circulation and safety concerns have been
identified and considered in this evaluation and it has been determined that the project will not cause
substantial adverse effects on human beings, either directly or indirectly.
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AT:IILYSIS OF VIABLE ALTERNATNES TO THE PROPOSED PROJECT SUCH AS: -
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a)
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d)
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f) alternate sites for the proposed, and
g) no project alternative.
The small size of the project and the nature of the land use prohibits the use of development
phasing.
Redesign of the site to accommodate on site circulation and reduce traffic impacts can also be
accomplished by extending the lease line of the parcel to the south and funneling traffic into the
long alley/driveway leading from the restaurant. By consolidating the two driveways on Paseo De1 Norte and directing the traffic into an exit located farther from the intersection, traffic circulation
would also function adequately.
Elimination of the car wash, mini-mart use, or reduction in the number of gasoline pumps would
reduce the Average Daily Trips, reduce the onsite traffic demand and create a less intensely
developed site.
The gas station/car wash/mini-mart is consistent with the planned land use for the site and
alternative uses for the property would consist of similar traffic generating uses such as drive-in
restaurants, hotels and commercial recreational facilities.
The site is currently developed with a similar type land use (gas station/auto service).
Comer lots with adequate lot acreage for onsite circulation located on major circulation element
roadways, with no adjacent noise sensitive land uses such as residential or medical would be
appropriate alternative sites.
The no project alternative would have minimal benefit in this evaluation due to the aging physical
condition of the existing site. The new gas station/car wash,knini-mart would enhance the site
with additional landscaping, a smaller and newer building, a safer traffic circulation condition,
repairs to the sidewalk, additional public right-of-way dedication, and rehabilitation and
enhancement eel the onsite improvements.
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Q?.‘.‘rERMINATION (To Be Completed By The Planning Department) --
On the basis of this initial evaluation:
x I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
- I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- t find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
I/ z/ pc
Date
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LIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION &WITORINO PROGRAM (IF APPLICABLE1
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APPLfCANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
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PLANNING COMMISSION RESOLUTIONNO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING
GAS STATION AND DEVELOP A NEW COMBINATION GAS
STATION/MINI-MART/CAR WASH ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
PALOMAR AIRPORT ROAD AND PASEO DEL NORTE.
CASE NAME: MOBIL OIL
CASE NO: CUP 90-02
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planuing Commission; and
WHEREAS, said verified application constitutes a request as provided by
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 3rd day of April, 1991, and on the 17th day of April, hold a duly
noticed public hearing to consider said application on property described as:
Lot “H” of Ranch0 Agua Hedionda, Map No. 823, City of
Carlsbad, County of San Diego, State of California.
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 CUP 90-02.
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
APPROVED CUP 90-02, based on the following findings and subject to the
following conditions:
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Findings:
1. The proposed project complies with the findings necessary for a Conditional
Use Permit as follows:
A. That the requested use is necessary or desirable for the development
of the community, is essentially in harmony with the various
elements and objectives of the general plan, and is not detrimental
to existing uses or to uses specifically permitted in the zone in which
the proposed use is to be located because the proposed project will;
(1) be developed as part of a freeway-service facility; (2) the use
will serve tourists and motorists traveling the Palomar Airport Road
and I-5 freeway corridor; (3) the use will diversify the range of
commercial services available to local residents and tourists; (4) the
car wash will have a water recycling system, thus allowing motorists
to wash their automobiles and conserve water; (5) the illegal
automobile storage use will be legitimized through the Conditional
Use Permit Process or eliminated prior to construction of the project;
(6) the project will not be detrimental to existing uses as adequate
buffers have been provided from adjacent properties and the
project’s architecture is consistent with the style prevalent in the
immediate area.
B. That the site for the intended use is adequate in size and shape to
accommodate the use because; (1) adequate onsite parking is
provided to accommodate the use; (2) adequate vehicle stacking is
provided at the entrance and exit to the car wash; (3) the site has
adequate room for vehicle turning movements; (4) a reciprocal
driveway access will be provided between the project and Denny’s;
(5) driveway access to Denny’s from Paseo De1 Norte will be
maintained; and (6) driveways along the two frontages will be
consolidated and relocated further from the intersection.
C. That all of the yards, setbacks, walls, fences, landscaping, and other
features necessary to adjust the requested use to existing or
permitted future uses in the neighborhood will be provided and maintained. Adequate landscaping, decorative wall, and berming are
provided along the perimeter of the project to screen the building,
parking, and areas for waiting cars from adjacent properties and the
public right-of-way.
D. That the street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use; (1) the
additional traffic generated by this project will not significantly
PC RESO NO. 3203 -2-
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impact the surrounding street system; (2) adequate future public
right-of-way dedication to accommodate improvements along Paseo
De1 Norte will be provided; and (3) development of the project is
contingent upon adequate public facilities, including improvements
to the Interstate-5 bridge and on end of ramps.
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply to sewer service for this
project.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for commercial development on the General
Plan.
The applicant is by condition, required to pay any increase in public facility fee,
or new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on January 10, 1991, and
APPROVED by the Planning Commission on April 17, 1991. In approving this
Negative Declaration the Planning Commission has considered the initial study, the
staff analysis, and any written comments received regarding the effects this project
could have on the environment.
This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 3.
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Conditions:
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Approval is granted for CUP 90-02, as shown on Exhibit(s) “A” - “S’, dated April
3, 1991, incorporated by reference and on file in the Planning Department.
Development shah occur substantially as shown unless otherwise noted in these
conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Site Plan as approved by the Planning Commission. The Site Plan shall reflect
the conditions of approval by the City. The Plan copy shall be submitted to the
City Engineer prior to building, grading or improvement plan submittal, whichever
occurs first.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the City Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy.
This project is also approved under the express condition that the applicant pay
the public facilities fee adopted by the City Council on July 28, 1987 and as
amended from time to time, and any development fees established by the City
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider’s agreement to pay the public
facilities fee dated March 11, 1991, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
This project shah comply with all conditions and mitigation measures which may
be 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.
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 shah be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid &is approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
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9. This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
10. Approval of CUP 90-02 is granted subject to the approval of SDP 90-04.
11. This conditional use permit is granted for a period of five (5) years. This
conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does
not have a significant detrimental impact on surrounding properties or the public
health and welfare. If the Planning Director determines that the use has such
significant adverse impacts, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to mitigate the significant adverse impacts. This permit
may be revoked at any time after a public hearing, if it is found that the use has
a significant detrimental affect on surrounding land uses and the public’s health
and welfare, or the conditions imposed herein have not been met. This permit
may be extended for a reasonable period of time not to exceed ten (10) years upon
written application of the permittee made no less than 90 days prior to the
expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse affect on surrounding land uses or the public’s health
and welfare will result because of the continuation of the permitted use. If a
substantial adverse affect on surrounding land uses or the public’s health and
welfare is found, the extension shall be considered as an original application for
a conditional use permit. There is no limit to the number of extensions the
Planning Commission may grant.
12. If the property owner/owners’ address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days.
13.
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Prior to the issuance of the building permits, Conditional and Special Use Permit,
there shall be a deed restriction placed on the deed to this property subject to the
satisfaction of the Planning Director notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Negative Declaration, Conditional
Use Permit and Site Development Plan by Resolution Nos. 3202, 3203 and 3204
on the real property owned by the declarant. Said deed 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 deed restriction. Said deed restriction(s) may be modified or
terminated only with the approval of the Planning Director, Planning Commission
or City Council of the City of Carlsbad whichever has final decision authority for
this project.
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Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of the Planning Director.
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 Planning and Building.
Prior to the issuance of building permits, an exterior lighting plan including
parking areas shall be submitted for Planning Director approval. All lighting shall
be designed to reflect downward and avoid any impacts on adjacent homes or
property.
No outdoor storage of material shall occur onsite unless required by the
Fire Chief. In such instance a storage plan will be submitted for approval
by the Fire Chief and the Planning Director.
Working drawings shall show that the block wall used on the project perimeter
shall be stuccoed to match the exterior color of the projm prior to certificate of
OCCUpiXl~.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of
grading or building permits, whichever occurs first.
All parking lot trees shall be a minimum of 15 gallons in size.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Manual) shall be limited to areas of special visual
importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
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The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or are too large relative to the lot size.
Planter width shall be a minimum of four (4) feet, not including curb, footings
and/or other paving, and parking overhang.
Prior to final occupancy, a letter from a California licensed landscape architect
shall be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building
plans, improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
Mature trees that are removed shall be replaced one to one with minimum
36” box specimens. Each case shall be reviewed by the Planning Director.
Mounding shall be used in parking lot landscaping.
The minimum shrub size shall be 5 gallons.
Any signs proposed for this development shall be designed in accordance
with the City’s Sign Ordinance and conform with the Conditional Use
Permit 90-02 sign exhibits “F” 81 “G” , and shall require review and approval
of the Planning Director prior to installation of such signs. Any commercial
advertisements located along the gasoline pump islands, and on the building
shall be considered signage and shall require a permit, and count towards
the total sign square footage allowed for the use.
As part of the plans submitted for building petmit plan check, the applicant
shall include a reduced version of the approving resolution/resolutions on
a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include
a copy of any applicable Coastal Development Permit and signed approved
site plan.
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36. Prior to the issuance of grading permits, the project applicant shall receive a
Coastal Development Permit kom the Califomia Coastal Commission that approves
development that is in substantial conformance with the City approval. Evidence
that the permit has been received shall be submitted to both the Planning and
Engineering Departments.
37. The non-conforming automobile storage use located on the same parcel (Lot
“I-I” of Ranch0 Agua Hedionda Map 823) shall obtain a Conditioual Use
Permit or be eliminated prior to issuance of building permits for this project
(CUP 90-02/SDP 90-M).
Engineering Conditions
38. The developer shall be responsible to pay the recording fees for all agreements,
easements and documents required for this project.
39. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this site plan.
40. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
41. The developer shah be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
42. Pretreatment of the sanitary sewer discharge from this project may be required.
In addition to the requirements for a sewer connection permit the developer shall
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code.
The developer shall apply for an industrial waste water discharge permit
concurrently with the building permit for this project. No Certificates of
Occupancy for the project will be issued before the industrial waste discharge
permit application requirements have been met, all applicable fees paid and permit
issued.
43. The developer shall obtain a building permit for underground tank removal and
obtain the proper haul route permit for transporting the tanks to a disposal site.
44. Prior to hauling dirt or construction materials to or from any proposed
construction site within this project the developer shah submit to and receive
approval from the City Engineer for the proposed haul route. The developer shall
comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
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The developer shall provide adequate means of eliminating grease and oils from
drabage prior to dis&uge onto Palomar Airport Road. Plans for such
improvements shall be approved by the City Engineer prior to issuance of building
permit.
Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by
the City Engineer.
Prior to l suauce of building permit, the developer shall secure an irrevocable offer
of dedication for street right of way the entire length of the Legal Lot frontage on
Paseo Del Norte for seven (7) additional feet.
Prior to Certificate of Occupancy, the developer shall replace or repair any broken
or defective curb, gutter, or sidewalk along the fi-ontage of this project.
Prior to issuance of building permit, a right of way permit, traffic and pedestxian
control plan and appropriate securities will be required for all work to be done in
the right of way or as deemed appropriate.
The structural section for the private driveway must be designed with a traffic
index of 5.0 in accordance with City Standards due to a truck route through the
parking lot and/or aisles with an ADT greater than 500.
All sidewalkunderdrahs must comply with San Diego County Regional Drawing
No. D-25.
Prior to occupancy of the project the water meter shall be relocated out of the
driveway.
Sewerlateralsintherightofwayshallhavea minimum diameter of six (6) inches.
A cleanout designed to San Diego County Regional Drawing No. S-3 shall be
placed at the property line; if located in the driveway.
Growth Mananement:
54. Approval of this project is contingent upon the provision of adequate public
facilities to satisfy the Public Facilities Element of the General Plan. At this time
a MelleRoos Community Facilities Disttict is proposed to finance the construction
of several Citywide facilities necessary to serve new development. If the Mello-
Roes Community Facilities District is not fomxed, the reqired General Plan
Consistency finding cannot be made for the Zone 3 properties. No discretionary
approvals, Building Permits, G&ing Permits, Final Maps, or development permits
will be issued or approved unless an alternate financing mechanism is provided by
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the developer and approved by the City Council to finance the facilities legally
applicable to Zone 3 that would have been or are included in the Community
Facilities District. For purposes of this condition the Mello-Roes District will be
considered to be formed following an affirmative vote of the property owners plus
a 3Oday period as prescribed by law to provided for any protest regarding
formation of the District.
Fire Conditions:
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Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department.
Additional public and/or onsite fire hydrants shall be provided if deemed
necessary by the Fire Marshall.
Applicant shall submit a site plan to the Fire Department for approval of access,
driveways and general traffic circulation.
All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials being located on the project site.
All private driveways shall be kept clear of parked vehicles at all time, and shah
have posted “NO Parking/Fire Lane - Tow Away Zone” pursuant to Section
17.04.040, Carlsbad Municipal Code.
Plans and/or specifications for fire alarm systems, Ere hydrants, extinguishing
systems, automatic sprinklers, and other systems pertinent to the project shall be
submitted to the Fire Department for approval prior to construction.
Carlsbad Municinal Water District Conditions:
61. The entire potable and non-potable water system/systems for subject project shah
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
62. The developer% engineer shah schedule a meeting with the District Engineer and
the City Fire Marshal and review the preliminary water system layout prior to
preparation of the water system improvement plans.
63. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit. The
Jkveloper shall pay a San Diep County Water Authority capacity charge which
will be collected at issuance of application for meter installatioxL
PC REISO NO. 3203 -lO-
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64. This project is approved upon the express condition that building pen&s will not
1 be issued for development of the subject property uuless the water district serving
2 the development determines that adequate water and Service is available at the
time of application for water service aud will continue to be available until time
3 of occupancy.
4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
5 Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, by
6 the following vote, to wit:
7 AYES: Vice-Chairperson Erwin, Commissioners: SchIehuber,
8 Schramm, McFadden, Marcus & Hail.
9 NOES: None.
10 ABSENT: Chairperson Holmes.
11 ABSTAIN: None.
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ATTEST:
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TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR 20
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PLANNING COMMISSION RESOLUTION NO. 3204
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO DEMOLISH AN EXISTING GAS
STATION AND DEVELOP A NEW COMBINATION GAS
STATION/MINI-MART/CAR WASH ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
PALOMAR AIRPORT ROAD AND PASEO DEL NORTE
CASE NAME: MOBIL OIL
CASE NO: SDP 90-4
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 3rd day of April, 1991, and on the 17th day of April, 1991,
consider said request on property described as:
Lot “H” of Ranch0 Agua Hedionda Map No. 823, City of
Carlsbad, County of San Diego, State of California.
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 SDP 904.
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 hereby
APPROVES SDP 904, based on the following findings and subject to the following
conditions:
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Findings:
1. AlliindillgsofPlanningCo~ ion Resolution Nos. 3202, and 3203 are
incorporated herein by reference.
2. This project is consistent with the CX Zone and Qutied Overlay Zone and meets
all the requirements of Chapter 21 of the City’s Municipal Code.
Conditions:
1. Approval of SDP 904 is granted subject to approval of CUP 90-2.
2. Approval is granted for SDP 904, as shown on Exhibit(s) “A” - “J” dated April 3,
1991, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Vice-Chairperson Erwin, Commissioners: Schlehuber, Schramm,
McFadden, Marcus & Hall.
None.
Chairperson Holmes.
None.
\ aa-
MICHAEL J. HOLIMILLER
PLANNING DIRECTOR
PC RESO NO. 3204 -2-
TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
DATE:
TO:
FROM:
SUBJECT:
APRIL 17, 1991
PLANNING COMMISSION
PLANNING DEPARTMENT
CUP 90-2/SDP 90-4 - MOBIL OIL - Request for approval of a Conditional Use Permit, Site Development Plan, and Negative Declaration to demolish
an existing gas station and construct, on the same site, a new combination gas station/mini-mart/self-serve car wash, on the southwest comer of
Palomar Airport Road and Paseo De1 Norte in the Commercial Tourist and
Qualified Overlay Zones in Local Facilities Management Plan Zone 3.
I. RECOMMENDATION
STAFF REPORT c&l/
0 3
That the Planning Commission ADOPT Planning Commission Resolution No. 3202
APPROVING the Negative Declaration issued by the Planning Director, and ADOPT
Planning Commission Resolution Nos. 3203, and 3204 APPROVING CUP 90-2, and SDP 90-4, based on the findings and subject to the conditions contained therein.
n. EXPLANATION
This item was scheduled to be heard at the Planning Commission meeting of April 3,
1991, however was continued due to the lateness of the hour.
ATTACHMENTS:
1. Planning Commission Resolution No. 3202
2. Planning Commission Resolution No. 3203
3. Planning Commission Resolution No. 3204
4. Staff report dated April 3, 1991, with attachments.
April 5, 1991
BH:km
APPLICATION COMPLETE DATE:
Sentember 9. 1990- 27 dav extension
through A~1il3. 1991
DATE:
TO:
FROM:
SUBJECT:
I.
ST’AFF REPORT GW
APRIL 3,199l 0 3
PLANNING COMMISSION
PLANNING DEPARTMENT
CUP 90-2/SDP 904 - MOBIL OIL - Request for approval of a Conditional Use
Permit, Site Development Plan and Negative Declaration to demolish an
existing gas station and constnxt, on the same site, a new combination gas
station/mini-mart/self-serve car wash, on the southwest comer of Palomar
Airport Road and Paseo De1 Norte in the Commercial Tourist and Qualified
Overlay Zones in Local Facilities Management Plan Zone 3.
REiCOMMENDA~ON
That the Planning Commission ADOPT Planning Commission Resolution No. 3202 APPROVING the Negative Declaration issued by the Planning Director, and ADOPT
Planning Commission Resolution Nos. 3203, and 3204 APPROVING CUP 90-2, and SDP
90-4, based on the findings and subject to the conditions contained therein.
II. PROJEtX D -ON AND BACKGROUND
The applicant is requesting approval of a Conditional Use Permit and Site Development
Plan, to demolish an existing gas station and reconstruct, on the same site, a new combination gas station/mini-mart/self-serve car wash. The project is located on a portion
of a level infill lot on the southwest comer of Palomar Airport Road and Paseo De1 Norte. The subject parcel is utilized by four businesses including a Mobil gas station, a Denny’s
restaurant, a non-conforming used/new automobile storage lot, and the northern portion
of Hadley’s parking lot.
The property is located in the Commercial Tourist and Qualified Overlay Zones (CT-Q), and
is subject to a Travel Service (TS) General Plan Land Use Designation. The parcel is also
located within the Coastal Zone (Mello II) and will require a Coastal Development Permit
issued by the California Coastal Commission.
The project would extend the lease lines of the existing gas station by approximately 20 feet to the south and 28 feet to the west (see exhibit “HI’). The extension of the lease lines
would increase the size of the project site by 560 square feet and decrease the area
available for the non-conforming used/new automobile storage use. The existing alley,
that runs east to west and connects DeMy’S to Paseo De1 Norte, would be relocated 20 feet
to the south. This driveway may be subject to relocation upon future development of the
auto storage area. As shown on Exhibits “A” - “S’, the proposed project would consist of
four self-serve gasoline pump islands, and a mini-mart with an attached self-serve car wash. The existing underground fuel storage tanks would be removed and replaced with new
tanks.
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’ CUP 90-2/SDP 904 ~‘v,JBIL OIL APRIL 3, 1991 - PAGE 2
The Palomar Airport Road and Paseo De1 Norte intersection is developed with a
convenience store on the southeast comer, a vacant parcel with a commercial produce
stand on the northeast comer, and a combination gas station/motel/restaurant on the
northwest comer. The surrounding parcels are all zoned CT-Q with the exception of the vacant parcel on the northeast comer which is zoned E-A (Exclusive Agricultural).
The proposed project is subject to the following ordinances, and standards:
A. Travel Service (TS) General Plan Land Use Designation.
B. CT and Qualified Overlay Zones.
C. Chapter 21.42 of the Municipal Code under Conditional Uses.
C. Growth Management Ordinance (Local Facilities Management Plan Zone 3).
D. Local Coastal Program (Mello II).
E. Environmental Protection Procedures (Title 19) and the California Environmental
Quality Act (CEQA).
III. ANALYSI!I$
1. Is the proposed project consistent with the General Plan, does it ensure compliance
with the underlying CT and Qualified Overlay Zone, and can the four findings for
the approval of a Conditional Use Permit be made?
3. Does the proposed project comply with the Local Coastal Program (Mello II)?
4. Is the proposed project in compliance with the Growth Management Ordinance?
5. Will the project have a significant impact on the environment?
The property has a Travel Service (TS) General Plan Land Use Designation that allows the
development of travel sexvice areas, including highway-orientated service stations that are
accessible to inter-regional traffic. The project is a combination gas station/mini-mart/self-
serve car wash located close to an I-5 freeway off ramp, therefore it is consistent with the
intent of the Travel Service land use designation.
Car washes associated with automobile service stations are permitted by Conditional Use
CUP 90-2/SDP 90-4 MOBLL OIL
APRIL 3, 1991
PAGE 3
Car washes associated with automobile service stations are permitted by Conditional Use
Permit in the Commercial Tourist Zone, (Municipal Code, Chapter 21.29.050). The project
would not adversely affect the viability or the use of the area as a commercial tourist
district or adversely affect adjacent uses or traffk movements. The site has been designed
to reduce the visual impacts of buildings and waiting automobiles on surrounding
development and from public streets. All structures have been architecturally designed to ensure compatibility with surrounding development and adequate parking and circulation
is provided onsite to accommodate the proposed use.
The project implements the intent of the Qualified Overlay Zone and the Conditional Use
Permit as follows:
1. The project would be developed as part of a freeway-service facility,
containing a minimum of two freeway-orientated uses.
2. For the reasons listed below the requested use is necessary or desirable for the development of the community:
The project would serve tourists and motorists traveling the Palomar
Airport Road and I-5 freeway corridor.
J3 Currently there are no car washes located in the City of Carlsbad,
therefore this project would diversify the range of commercial services
available to local residents and tourists.
Cl The car wash would have a water recycling system, thus allowing
motorists to wash their automobiles and conserve water.
3. The project is in harmony with the various elements of the General Plan
and is consistent with the Zoning Ordinance as follows:
The gas/station/mini-mart/car wash use is permitted in the Travel Service (TS) General Plan land use designation.
B) The automobile storage use (located directly south), and this project are located on the same parcel. The auto storage use is not a
permitted use in the CT Zone, therefore it requires a Conditional Use
Petmit under Chapter 21.42 (Conditional Uses, Section S(E)
Establishments or enterprises involvinn large assemblages of Deonle
or automobiles). As a condition of approval for this project and prior to issuance of building permits, the automobile storage use must be
legitimized by obtaining a Conditional Use Permit, or the use must be eliminated from the lot. This condition of approval would guarantee
that the larger parcel is brought into conformance with the General Plan and Zoning, prior to construction of this project.
'CUP 90-2/SDP 90-4 MOBIL OIL
APRIL 3,1991
PAGE4
Cl The project conforms to the Sign Ordinance and zoning requirements
for- automobile service stations as summarized below:
STANDARD PROPOSED
SIGNAGEALLOWANCE 79SQUAREFEET 77.8 SQUARE FEET
11 MONUMENTStGN SIZE I48 SQUAREFEET I 41.5 SQUARE FEET
MONUMENTSIGN 6 FEET
I
6 FEET
HEIGHT
ADDtTIONAL PRICE SIGN 16 SQUARE FEET
I
14.6 SQUARE FEET
(CORNERLOT)
PARKING 6 SPACESREQUIRED
I
8SPACES
(lSPACEPER300SO.FT.)
II BUILDING HEIGHT I 35 FEET I 18FEET
lE;G;;;; 16 FEET(WIDTH) I6-12.FEETWIDE
4. The site is adequate in size and shape to accommodate the use for the
following reasons:
Adequate onsite parking would be provided to service the use. Four
parking spaces are provided adjacent to the mini-mart, two parking spaces are available at the exit of the car wash for the drying and
prepping of automobiles. Two parking spaces are available for
employee parking.
B) The self-serve car wash would have a 3 to 5 minute wash and dry
cycle. Since it is unlikely that patrons would be willing to wait more
than 15 minutes to use the facility, the five-car stacking area provided
at the entrance to the car wash should be more than adequate.
Stacking for 4 vehicles would be provided at the exiting driveway on
Paseo De1 Norte.
a The project site would be expanded to the south and the existing
Denny’s driveway/alley on Paseo De1 Norte would also be relocated south. The expanded project site would have adequate space to
accommodate turning movements for vehicles using and servicing the
facility.
‘CUP 90-2/SDP 904 kdt3IL OIL
APRIL 3, 1991
PAGE 5
D) An internal driveway connection would be provided between the
project site and DeMy’s. This connection would allow convenient reciprocal access between the two uses.
El The existing Mobil Oil gas station currently has two driveways on
Palomar Airport Road and two on Paseo De1 Norte. The proposed project would eliminate the driveway closest to the intersection on
each street. The remaining driveway on Palomar Airport Road has
shifted to the east; the remaining driveway on Paseo De1 Norte has shifted to the south. Relocation and consolidation of the driveways
concentrates ingress and egress at a point further from the
intersection, thus providing safer access to the site than currently
exists.
5. The design features necessary to adjust the requested use to existing or
permitted future uses in the neighborhood would be provided and are listed
below:
The building’s height, tile roof and stucco exteriors would be
compatible with surrounding development.
W Adequate landscaping, decorative walls, and berming would be
provided along the perimeters of the project to screen the building,
parking, and areas for waiting cars fkom adjacent properties and the
public right-of-way.
6. The street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use for the following reasons:
The proposed project would generate a theoretical total of 2,080 average daily trips. The traffic report prepared by a trafk consultant
applicant indicates that the intersection of Palomar Airport Road and
Paseo Del Norte, the bridge over Interstate-S, and the associated on
and off ramps do not meet the adopted performance standard. The
City is conducting studies to verify this information. If the intersection
is operating below acceptable limits, action will be taken to provide
a &ancing program and to bring the intersection up to an acceptable
level. Approval of this project is contingent upon the provision of adequate public facilities to satisfy the Public Facilities Element of The
General Plan. The City is working on a Capital Improvement Program to reconstruct the bridge, provide adequate on and off ramps, enhance
the link from the freeway to Paseo De1 None, and improve the intersection at Paseo De1 Norte and Palomar Airport Road.
CUP 90-2/SDP 904 MOBIL OIL
APRIL 3, 1991
PAGE 6
B) The design for the future widening of Palomar Airport Road includes
dual left turn lanes from eastbound Palomar Airport Road to
northbound Paseo De1 Norte. Adequate right-of-way to accommodate
the turn lanes is currently available without further dedication from
the project’s frontage along Palomar Airport Road.
Cl At buildout or sooner, dual left turn lanes will be required from
northbound Paseo De1 Norte to westbound Palomar Airport Road. In
anticipation of this requirement, the owner is required to dedicate an
additional seven feet of public right-of-way along the entire legal lot
frontage on Paseo De1 Norte, as an irrevocable offer of dedication for
the street right-of-way. The Engineering Department anticipates that no more than seven feet of dedication will be required along Paseo
De1 Norte. The anticipated improvements will be funded by Traffic
Impact Fees.
LOCAL COASTAL PROGRAM: 0V!ELKI tI)
The project is consistent with all development and resource preservation policies of the
Mello II Local Coastal Program. The property carries the same LCP designations as the
City’s General Plan and Zoning and is therefore an allowed use. The project site has been
previously graded and contains no steep slopes or natural vegetation. Runoff from the
project will be conveyed to an existing storm dram system. Such improvement plans shall
be approved by the City Engineer. The project will require a Coastal Development Permit
issued by the California Coastal Commission.
GROWTH MANAGEMENT
The proposed project is located within Local facilities Management Plan Zone 3 in the
Northwest Quadrant. The impacts on public facilities created by this project and compliance
with the adopted performance standards are summarized below:
// .
‘CUP 90-2/SDP 90-4 b,dBIL OIL
APRIL 3, 1991
PAGE 7
Iv. ENVIRONMENTAL RlPiIEW
The site has been previously disturbed with the development of an existing gas station and is devoid of any significant natural biological resources. The disturbed condition of the site
also reduces the potential for cultural resources. The self-serve car wash will increase
surrounding noise levels but will not significantly impact surrounding land uses or
appreciably add to the ambient noise levels of the area. The proposed use is compatible
with the surrounding uses, and is consistent with the General Plan and Zoning. The
Negative Declaration was sent to the State Clearinghouse for State agency review and no
comments were received. Based on a field survey by staff and findings of the initial study Part II, the Planning Director has determined that no significant environmental impacts will
result from this project, and issued a Negative Declaration on January 10, 1991.
The proposed project is (1) consistent with the General Plan and CT-Q Zone; (2) complies
with the Local Coastal Program; (3) is in conformance with the Zone 3 Local Facilities Management Plan; and (4) has satisfied the requirements for environmental review under
the California Environmental Quality Act. Therefore, staff recommends approval of CUP 90- 2/SDP 90-4 based on the findings and conditions found in the attached resolutions.
.
CUP 90-2/SDP 90-4 MOBIL OIL
APRIL 3, 1991
PAGE 8
AITACHMENTS
1. Planning Commission Resolution No. 3202
2. Planning Commission Resolution No. 3203
3. Planning Commission Resolution No. 3204
4. Location Map
5. Background Data Sheet 6. Local Facilities Impact Assessment Form
7. Disclosure Form 8. Reduced exhibits
9. Full size Exhibits “A”- “S’, dated April 3, 1991
JG:km
October 25, 1990
t%-iLhbK~b~V Vhlri bHtL1 -
CASE NO.: CUP 90-2/SDP 90-4
CASE NAME: Mobil Oil
APPLICANT: Mobil Oil
REQUEST AND LOCATION: Gas Station/mini-mart/car wash at southwest comer of Palomar
LEGAL DESCRIPTION: Lot “H” of Ranch0 Arma Hedionda. Mar> #823. San Dieno Countv
APN: 2 1 l-OS-02
(Assessois Parcel Number)
Acres .66 Proposed No. of Lots/Units N/A
GENERAL PLAN AND ZONING
Land Use Designation Travel Service
Density Allowed N/A Density Proposed N/A
Existing Zone CT-O Proposed Zone N/A
Surrounding Zoning and Land Use: (See attached for information on C&bad’s Zoning
Requirements)
zonirlq Land Use
Site CT-0 Gas Station
North CT-O Gas Station/Restaurant/Hotel
south CT-O Retail
East CT-0 Retail
West M M/Office
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 3
Public Facilities Fee Agreement, dated
ENVIRONMENTAL IMPACT ASSESSMENT
x Negative Declaration, issued Januarv 10.1991
- Certified Environmental Impact Report, dated
JG:km
CITYOFCAFUSBAD .
GROWTH MANAGEMENT PROGRAM
LOCAL FAcXlTIBS IMI’ACIS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: Mobii Oil - CUP 90-2/SDP 90-4
LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: TS
ZONING: CT-O
DEVELOPER’S NAME: Mobil Oil Cornoration
ADDRESS: 18634 Lancashire Wav. San Dieno. CA 92128
PHONE NO.: 592-0344 ASSESSORS PARCEL NO.: 21 l-OS-02
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.608 sa. ft
ESTIMATEDCOMPLETIONDATE:
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K
City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation:
(Identify Trip Distribution on site plan)
Demand in ADTs =
Fire: Served by Fire Station No. =
Open Space: Acreage Provided -
Schools:
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Identify Sub Basin - (Identify trunk line(s) impacted on site plan)
Water: Demand in GPD -
N/A
N/A
N/A
2,080
#4
N/A
N/A
660
JG:km
.
DISCLOSURE STATEMENT
A~DLICA&T'S STATEMENT CF CISCLCSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPLICATIONS WHICH WILL REQUIRE I , ;?ISCRE~-IONAAY ACTION ON THE PAR-T OF THE Ct?Y COUNCIL. OR ANY APPOIKTED BOARD. COMMISSION OR CCMMmEE.
.,P!ease Prinr)
The following information must be disclosed:
1 I
2.
3.
Ardicant
List the names and addresses of all persons having a financial interest in the application. Cl fl’ . e,;
Owner
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
-- --
If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FRh400013 8/90
2075 Las Palmas Or~ve - Carlsbad, California 920094859 - (619) 438-l 161
,I,-- * -.
- Mobil CorpwaUlM
OifdUS
we1t.r A. Bark
. vKaprBs&llt, MobllchlCorpocation
Lewir Y Brenecomb
Dvedor. ScJenca
TacMologY aMPubIc Pdcy, John F. Kennedy 5k3od of Gmmenr,
t+wfald Uruvwuty
Paul J. Hoenmenr
Exfmtrva Vm Presdent. Mlxilollcarpw3tlorl
Allon F. Jecobron
Chavman of Ihe Board and
Chmf Emcutive Officer, 3M
Samuel C Johnson ChairmM,
S. C Johnson 8 Son, Inc
Hehiro L Keplrn Counsel, Webster 6 Sheffield
Willlam J. Kennedy Ill
ChaIrman of the Board,
Presrdent and
Chref Execukve Officer, North Carolina Mutual Life
lrwance Company
WllW E. Met Donald Execut~w Vice Presdent, Allon E. Mumy Elvnor 8. Shotdon Charrman of the Soard. Mobtl Oil Corporation Wmer Pretint. Sccraf mSldent Md scmrKa Resaerch &JncJl Chef Emcutiw Offtcer Lee 1. Momen Akherd F. Tucker Former Chairman of Luclo A. Noto Vice Chauman of the Board the Board and Vice Presdent and Chief Exixuttve Officer, and PmsKIent, w cd Chef Ftnancraf Officer Caterpillar fnc Cciporatron
Eugene A. Rennr Robwt G weeka J. Rlchwd Munro Executive Vice Presrdent, CoChairman of the Board and Sentor Vrce Preatdent Mobil Off Corpcratfon
Co-Chief Executive Offkxr. Time Warner Inc. For bqraphruxf informatron on Robert 0. Schwertr Mobrl’s dtrWs. please Charrman of the Board. consult Ihe proxy statenx3nt. Presrdent and Chref Execukve Officer, Metropolrlan Life Insurance Company
Otfictus
AlhnE.Yumy channan of the Bofvd. Resident and CflBaEmcutrveOffii
Rlcherd F. Tucker
Vrce Charrman of the Board
Robert G Week@ Senior Vice President
Ror D. Adam@
Vrce Presrdent
John P. Keehen, Jr, Vice President
Lucia A. Noto Vic4 President
ode T. m&t R Hartwetl Gardner
-@Y Trea.suref
J. Ed werd Fowler Robert CYweer Genemi Counsel Cqntroffer
\
Mobil Oil Corporation
niretfm
AtlenE.Yurray chavm~OftheBoard
.-... --._-_ --r
Citmmiltetta
Audit Committee:
Cr. Banscomb, Chairman; Mr. Jacobson, k&s. Kaplan,
M Morgan, Mr. Munro,
Mr. schwaru la. Sheldon.
Alchard F. Tucker Presrdent
Paul J. Hoenmrnr Executive Vice President
Waltor E. Mat Donald
Execubve Vice Prestdent
Eugene A. Renn8 Executive Vrce Presrdent
Walter A. Bark
Vice Presrdent
John P. Keehen, Jr. Vice Presrdent
h_.._ . & -..._ _..-m .,.._
Compenrrtlon end Management lncentlvr
Commlttee:
Mr. Morgan, Chairman: Mr Jacobson, Mr. Johnson,
Mr. Kennedy, Mr. Schwartz.
Erecutlve Commktee:
Mr. Murray, Chaaman: Mr. Tucker, Vice Charrman;
Mr. Bark, Mr. Hcenmans,
Mr Mat Donald. Mr. Nota
Mr. Aenna, Mr. Weeks.
--I-
Nomlnrttng Commlttee:
Mr. Kennedy, Charrman;
Dr. Branscomb, Mrs. Kaplan,
Mr. Morgan, Mr. Murray,
Mr, Tucker.
Lucia A Ntio
Vice Presrdent
RobertGWeeke Vrce Presdent
PuMlc lower CommHtee:
Mr. Johnson, Charman:
Mr. Kennedy, Mr. Munfo,
Mr. Murray, Dr. Sheldon,
M Tucker.
Additional Information
Auditor8
Ernst a Young 2TI park Abenw
t&w Ywk New York 10172
Thnrfer Agent and Reglrtrer In the Unlted Statee
The Chase Manhattan Bank. N.A. 1 New York Pfaza New York, New York 10081
l&l@646~9291
Transfer Agent and Regirtru In Canada Montreal Trust Crxnpany Monlreaf Trust Company
of Canada of cani%% 66 Temperance Street 411 81h tinue, S.W. Toronto, CalgarY. Ontario M5l-f 1Y7 Alberta T2? IE? Canada Canada
416961.9545 403267.6%m
Anrmpoftantpartofthedomea6bmdfoleii one o( more of them. operations -red by this report is canfed Additional information relating to Mobif is
M by operawg diirsrons. subsidfaffee and contained in a separate report, Finamai and
affrkates conducting their respective busi- Operating Statistics 1969, and in its ennuaf
nesses under the directron and control of report on Form 10-K filed with the Secunties
theu own managements. Exxpt as otherwise and Exchange Commission. Information uxlcated by the cantext. this report uses such dealing with various Mobil benefit plans for terms as “M~~II:’ “corpcnation:’ “company;’ employees is contained in plan descnptms, “be” and “our:’ sometimes for the parent annual reports and other mafenals regulerfy corpomtron and all such divisions. subsidranee furnished to employees under the Employee and affrfbetes colfectively. and sometimes for Ffetirement Income Security Act of 1974. A
statement of charitable Wr’ftnbutlonS made by
Mobrl Foundatron, lnc, is prepared amUfly. For copies of any of the foregomng. share holders may wnte to the Corporate Secretary, Aoom 9WOOC6. Mob11 Corporiltion. 150 East 42nd Street, New York, New York 106175566. or telephone 212.663-4242. After June 15, 1990. please write to the Corporate Secretary, Room 20920, MobJ Corporakon, 3225 Gallows Road, Farrfax, Virginia 22fJ37ooO1, or telephone 703~849~3ooo.
-.--- r..h-..kx: - c --
Disclosure Statement
5.
(Over)
Page 2
Have you had more than S250 worth of business transacted with any member of City staff, eoarcs
Commissions, C /o mmittees and Council within the past twelve months?
Yes - No - If yes, please indicate person(s)
Perron ia defined as: ‘Any indiwdual. firm, copartnership. jomtventurr, asrociation. roaal club. fraternal organlratlon, corporrtlon, estate, (rLst,
rocewer. ryndlcatr, thlr and any other county, city and county, City municipality. dirtrict or other political rubdrvl$lon, or any othw group or
combmatlon actmg aa a unA’
(NOTE: Attach additional pages as necessary.)
Signature of Owner/date
Print or type name of owner
x. GyL&q
Signature’& applicant/date
k.3. tLpp4
Print or t$pe name of applicant
se. Lr Es-rrd +-*edi&e
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EXTERIOR ELEVATIONS & SCHEDULES
I 8, ‘.< I III :; rri Is ! I / f 18 ~ j I ! In II I I L ~ i
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FLOOR & CEILING PLAN w, - ,o"a,w--,-U~ I ,I FOR S/S #la-FYJ I II MC-WLL-
PALOYU URPOR Ko*Ll . P*s.m oa mm Ilal *II‘ wa. , , , ,wa%aa?FG.- I II .--VI-“- CIWUD. cuQoIxu YulC aa 1 oc‘ISIo(. CA&E- Won-Y I I II {~t*~kB~e,L 1 -
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PASEO XL NORTE
SIGN PLOT PLAN FOR S/S #IS-FYJ PAWYUI AJaFout anAD * P#szm DP NOKrL cuwmn cAlLmom
ta, - ,D.lc,.T,am
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Mobil Oil Corporation
. Office of the City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
-.
2601 MAIN STREET
SUITE 270
IRVINE, CALIFORNIA 927145220
April 24, 1991 .:'
:-
Re: S.S. 18FYJ CUP 90-2/SDP 90-4 Appeal of Condition 11 SWC Palomar Airport Rd. C Paseo de1 Norte
On April 17, 1991 the Planning Commission unanimously approved CUP 90-2/SDP 90-4 following a recommendation from Staff for approval. The CUP/SDP is for a complete remodel of the existing aged gas station facility to a new gas station, Mobil Mart and car wash. This would be only the second car wash in the City of Carlsbad. There was no public opposition to the project.
Please be advised that Mobil Oil respectfully appeals the imposition of Planning Commission Resolution No. 3203 condition 11 which grants a conditional use permit for a limited period of five (5) years. Our reasons for appealing this condition are as follows:
- The investment cost of the approved project is estimated to be $1,200,000.00 to replace the existing antiquated facility to a state of the art gas station and car wash. In order to validate this kind of very substantial investment a viable economic life for the project is warranted. A restricted CUP life jeopardizes realization of an acceptable economic payout by potentially restricting the life of the project to five years.
- The fixed term and renewals of the underlying lease for the property are substantially longer than the five year CUP. In the event that the proposed project were to proceed and the CUP were not renewed after its five year life, the terms of our underlying lease would not permit a termination of the underlying lease term. This could create a guaranteed tenancy for valuable and expensive commercial property without the ability to operate the facility for its intended use. It should be noted that the current service station use has no risk of being terminated prematurely.
Office of the .ty Clerk April 24, 1991 Page 2
- The CUP calls for the Planning Director to review the CUP on an annual basis, to determine if all conditions of the permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. The requirement for the applicant to formally apply for an extension on continued occasions (after five years and again after each subsequent ten year period) is an unnecessary administrative burden upon the applicant, City staff, and the Planning Commission. This condition duplicates the work already being done by staff when the City is already granted protection for appropriate concerns.
- Our experiences have indicated that other southern California cities and agencies do not impose time restrictions for CUP approvals. A CUP normally runs with the land so long as the conditions of the CUP are met.
Based upon the above factors your consideration to amend the condition for a limited five year CUP, and substitute a CUP that would be valid for a minimum period of twenty five years, is respectfully requested. At the Planning Commission hearing of April 17, the Planning Commission expressed concerns regarding our request to amend this condition after public testimony was closed. As a result some of the above mentioned factors were not able to be presented for Planning Commission consideration. This appeal is filed with the prospect, which is acceptable to
Mobil, that the matter be reheard at the Planning Commission level to reconsider this condition. Mobil would, of course, retain the right to subsequently appeal the decision of the Planning Commission to City Council based upon this formal appeal submittal.
Should you have any questions please call me at (619)592-0344 or write to me at 18634 Lancashire Way, San Diego 92128.
Very truly yours,
Kenneth B.-Huepper Professional Real Estate Representative
cc:&eff Gibson - Planning Department Honorable Mayor and City Council Members Members of the Planning Commission Mr. Ron Ball - City Attorney's Office
fyjappea.doc
. MINUTES --
\ 3
April 17, 1991 PLANNING COMMISSION Page 5
COMMISSIONERS
'-story house using a 25' measurement to the peak, however, it may not necessarily be a shake roof.
Commissioner Schramm inquired if plexiglass would reduce noise as much as a block wall. Ms. Landers replied that a noise study was not done but it is possible that noise
attenuation could be achieved with plexiglass.
Commissioner McFadden feels that if a noise study determines
that plexiglass will accomplish the same result, she would like to see the homeowners given an alternative on the block
wall. However, she would like to see the condition remain which requires the building height to be 25' measured from existing grade to the roof peak, since it is consistent with the Beach Overlay. There are many types of roof materials
available besides shake.
Commissioner Hall feels the architect needs some flexibility in designing a home. He strongly believes that a Z-story home should be able to be built and a 25' measurement to the
roof peak is too stringent.
Vice Chairman Erwin believes the way the condition reads allows the 25' measurement to mid-point.
Commissioner Schlehuber stated that the Beach Overlay allows
25' to the mid-point. He thinks this project should be consistent with the Beach Overlay.
Vice Chairman Erwin inquired if the wall could be conditioned subject to the satisfaction of a majority of the homeowners. Ron Ball, Assistant City Attorney, replied that a condition like this would be unenforceable but it could be subject to the approval of the Planning Director. This way there would be uniformity and the wall would not resemble a patchwork
quilt.
Motion was duly made, seconded, and carried to adopt Planning Cormnission Resolution No. 3145 recommending approval of the Negative Declaration issued by the Planning Director, and adopt Planning Commission Resolution No. 3146 recommending
approval of SP 201 to the City Council, based on the findings and subject to the conditions contained therein, with the following changes: (1) subject to the approval of the Planning Director, that the 6' wall be constructed of block
and any other sound attenuation material which the Planning Director feels will provide adequate noise protection; (2) that if a noise study determines the wall could be of a lower height and still provide noise protection, it would be acceptable; and (3) addition of Section II.B.19 to the
Specific Plan regarding a Citywide Hello-Roos Community Facilities District, per staff memo dated April 3, 1991.
Commissioners McFadden and Schra&n requested the record show they voted against the project because they would like to see a 25' building height measured from existing grade to the
roof peak because the lots are small.
RECESS
The Planning Commission. recessed at 7:09 p.m. and reconvened at 7:16 p.m.
3) CUP 90-2/SDP 90-4 - MOBIL OIL - Request for approval of a Conditional Use Permit, Site Development Plan, and Negative Declaration to demolish an existing gas station
Erwin Hall
Marcus McFadden Schlehuber Schramm
B__--Ma.. . ..* _.- I _ -
MlNUTEs
\ 2
April 17, 1991 PLANNING COMMISSION Page 6 COMMISSIONERS
and construct, on the same site, a new combination gas station/mini-mart/self-serve car wash, on the southwest corner of Palomar Airport Road and Paseo De1 Norte in
the Commercial Tourist and Qualified Overlay Zones in Local Facilities Management Plan Zone 3.
Jeff Gibson, Associate Planner, reviewed the background of the request and stated that the applicant is requesting approval of a CUP and SDP to demolish an existing gas station and reconstruct, on the same site, a new combination gas
station/mini-mart/self-serve car wash. The project is located on a portion of a level infill lot on the southwest corner of Palomar Airport Road and Paseo de1 Norte. The subject parcel is currently utilized by four businesses
including a Mobil gas station, a Denny's restaurant, a non-conforming used/new automobile storage lot, and the northern portion of Hadley's parking lot.
Staff made a slide presentation of the proposed site and showed a comparable facility in San Clemente.
The proposed project is consistent with the intent of the Travel Service (TS) land use designation. Car washes associated with automobile service stations are permitted by
CUP in the Commercial Tourist-Q Zone. The site has been designed to reduce the visual impacts of buildings and waiting automobiles on surrounding development and from
public streets. The existing underground gasoline storage tanks would be removed and replaced with new tanks at a different location on the site. The car wash would have a
water recycling system, thus allowing motorists to wash their automobiles and conserve water at the same time. There is sufficient parking for staff and customers as well as stacking space for 5 vehicles. Because the I-5 intersection is currently at an unacceptable level of service, approval of
the project is contingent upon formation of the Mello-Roos Community Facilities District to satisfy the public facilities element of the General Plan. Staff feels the project is a desirable use and recommends approval.
Commissioner Schramm inquired how many people would be employed during the day. Mr. Gibson replied that comparable stations utilize 2-3 daytime employees.
Commissioner McFadden inquired how much new water is used with each car wish. Mr. Gibson deferred response to the applicant.
Vice Chairman Erwin opened the public testimony and issued the invitation to speak.
Ken Huepper, Sr. Real Estate; Representative, Mobil Oil Corporation, 18634 Lankeshire Way, San Diego, addressed the Commission and stated that the new facility represents a 33% increase in usable space. There will be a 50X reduction in
curb cuts and eight queuing lines off Palomar Airport Road. The mini-mart will be operated by an independent franchisee. The car wash uses 17-20 gallons for one car wash; however, 75-80X of the water is recycled. He requested
reconsideration of Conditions 1111 and 1154.
Condition 1111 - Because of the significant monies being spent to improve the existing operation, Mobil Oil is requesting that the CUP be granted for a period which runs with the
land, rather than five years.
MINUTES -
April 17, 1991 PLANNING COMMISSION Page 7
COMMISSIONERS
Condition 1/54 - Mobil Oil would like permission to move
forward with the project pending formation of the Mello-Roos Community Facilities District.
Commissioner Schramm noted that there are only two designated
parking places for employees and inquired where the third employee would park. Mr. Huepper replied that there are six parking spaces for customers and employees and that the customer parking spaces are seldom used. He feels this will
be more than adequate.
Commissioner Hall inquired about Condition l/37. Mr. Huepper replied that Mobil Oil is aware that the automobile storage use must cease before building permits can be pulled.
Commissioner Hall inquired about Condition 1145. Karl Hoy, KHR Associates, 18500 Von Karman Avenue, Suite 300, Irvine, replied that he has received a preliminary standard plan from
staff which defines a method for eliminating grease and oil from pavement drainage. They will be modifying that plan to fit this project.
Commissioner McFadden inquired if all pumps would sell unleaded gasoline. Mr. Huepper replied that this is for
future planning; he noted that east of the Rocky Mountains it is very difficult to find leaded gasoline at service stations.
Vice Chairman Erwin inquired when existing tanks are removed
if an inspection will be done to see there has been no leakage. Mr. Huepper replied yes. If there has been leakage, it will be cleaned up.
Vice Chairman Erwin inquired if there is any pre-treatment of the water before it is released into the sewer system. Roger Ottie, Ryco Manufacturing, 815 "D" Street, Orangethorpe, California, replied that all of the water goes through a filtering system which precipitates out heavy contaminants and degreases. The water is then processed through a water clarifier and is recycled.
Vice Chairman Erwin inquired what the noise level would be
inside a closed sedan in the car wash tunnel. Mr. Ottie
replied that it would be 66-68 decibels during the blow cycle.
Vice Chairman Erwin inquired if there would be any noise impacts to the employees working inside the mini-mart. Mr. Ottie replied that he has never been asked that question before but he does not think so.
Commissioner McFadden inquired how much new water will be utilized with each car wash and how many cars can be washed
in one day. Mr. Ottie replied that each wash requires 7-8
gallons of new water; a typical Mobil installation of this type averages approximately 125 cars per day.
Vice Chairman Erwin inquired why there is only one restroom for both male and female. Mr. Huepper replied that unisex restrooms are becoming the norm.
There being no other persons desiring to address the Commission on this topic, Vice Chairman Erwin declared the public testimony closed and opened the item for discussion among the Commission members.
.
,-
MlNlJitS
\ 7 April 17, 1991 PLANNING COMMISSION Page a
COMMISSIONERS
Commissioner Hall requested staff to respond to the length of a CUP. Jeff Gibson, Associate Planner, replied that a CUP is reviewed yearly but it can be brought back for a hearing at any time there are complaints, regardless of the length of time it is issued for. Staff feels that five years is adequate but the Planning Commission could certainly extend it.
Ron Ball, Assistant City Attorney, commented that there is a significant difference between bringing a CUP back for a
revocation hearing and allowing it to lapse without any rights whatsoever. He feels that a definite time limit is needed and the applicant can apply for an extension at the
time the time limit expires.
Commissioner McFadden inquired whether or not the Mello-Roos condition should apply since this is an expansion of the
existing use. Ron Ball, Assistant City Attorney, replied that this project is, in effect, a new project and therefore must conform to the new conditions. To eliminate that condition would be contrary to City policies and ordinances.
Commissioners Schlehuber and Marcus can support the project as written and both like the opportunity to look at the project again in five years.
Commissioner Hall commented that a car wash facility like this can wash significantly more cars with less water than a
person with a hose. He can support the project as written.
Commissioners Schramm and McFadden can also support the project.
Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3202 approving the
Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution Nos. 3203 and 3204 approving CUP 90-2 and SDP 90-4, based on the findings and subject to the conditions contained therein.
SDP 90-10 - PI0 PICO MEDICAL BUILDING - Request for
Zone 1.
project site.
across Pi0 Pica.
permitted in the R-P Zone. are a mix of architectural styles, including Victorian,
Erwin Hall
Marcus McFadden Schlehuber Schramm
URGENT
June 7, 1991
Honorable Mayor and Members of-the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
Re: CUP 90-2/SDP 90-4 Appeal of Condition 11 SWC Palomar Airport Rd. & Paseo delltorte
We write to you as the owners of the property located at the SWC of Palomar Airport Road and Paseo de1 Norte, which is leased to Mobil Oil. This letter is to request your consideration to support the appeal by Mobil to modify condition 11 of CUP 90-2, which limits the life for the CUP to a five year period. The item is scheduled for your consideration on June 11.
As you are aware, on April 17, 1991 the Planning Commission unanimously approved CUP 90-2/SDP 90-4 following a recommendation from Staff for approval. The CUP/SDP is for a remodel of the existing Mobil gas station and addition of a car wash. There was no public opposition to the project and the proposed project provides a valuable service to the community.
As a property owner in the City of Carlsbad, I believe that in order to attract and retain viable commercial projects within the City it is necessary to allow commercial users adequate time in order to realize a reasonable economic return on their investments. By limiting CUP's to a five year life, a signal is sent to the business community which inhibits investments by requiring a commercial user to reapply for a CUP after an unreasonably short five year period and risk the possibility of a change of opinion. If given a choice between making a sizeable investment in the City of Carlsbad versus another jurisdiction in San Diego County which does not impose a limited life, the limited CUP life may result in a loss of such a use for Carlsbad. It is my understanding that other agencies in San Diego County do not impose a restrictive CUP life on similar commercial projects.
A condition of the subject CUP already calls for the Planning Director to review the CUP on an annual basis. The
. c Hdnorable Mayo, and City Council Members ' Office of the City Clerk June 7, 1991
Page 2
requirement for Mobil to formally apply for an extension on continued occasions would also create an unnecessary administrative burden upon City staff, the Planning Commission, and Mobil.
Your consideration to amend CUP condition 11 for a limited five year CUP, as per Mobil's appeal, is respectfully requested. Support of this appeal would enhance the City of Carlsbad's position to attract viable and needed services to meet the needs of the City.
Ray & Barbara Winter, Trustees 1745 Rocky Road Fullerton, CA 92631
FAX sent, Holzmiller, 6-9-91 619-438-0894
&-II: (02 G, w&-h4
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Oilice of the City Clerk
DATE: 4 ac,/q/
TELEPHONE (619) 434-2808
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FROM:
RE:
i3OiWIE l-b &-ii-
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fiPfyPL - CUP Yo-a/SDP 94 I
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
-----------______-----------------------------------------------------------
The appeal of the above matter should be scheduled for the City Council
Meeting of .
Signature Date
1200 ELM AVENUE CARLBBAD, CALIFORNIA 82008
oma oc the my Clerk
‘. ’ TELEPHONE
(QiQ) 4342808
1 (we) appeal the following decisjon of the ?~w.&.,.. C&IW;SY.; ~$1 (- I 4to the City Council:
Project Name and Number (or subject of appeal): CYLI P qo -2. 53y 'it? . y
Date of Declslon:
Reason for Appeal: G‘,CPi -/#-bl 11 _ p(t-*,Q~ A&- -/‘, c?-/(w L,‘><# /,- I& /
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Date L - Signature
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Name (Please Print) 'I-
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Telephone Number
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Mobil Oil Corporation 2601 MAIN STREET
SUITE 270
IRVINE, CALIFORNIA 92714-6220
April 24, 1991
. Office of the City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
Re: S.S. 18FYJ CUP 90-2/SDP 90-4 Appeal of Condition 11 SWC Palomar Airport Rd. 61 Paseo de1 Norte
On April 17, 1991 the Planning Commission unanimously approved CUP 90-2/SDP 90-4 following a recommendation from Staff for approval. The CUP/SDP is for a complete remodel of the existing aged gas station facility to a new gas station, Mobil Mart and car wash. This would be only the second car wash in the City of Carlsbad. There was no public opposition to the project.
Please be advised that Mobil Oil respectfully appeals the imposition of Planning Commission Resolution No. 3203 condition 11 which grants a conditional use permit for a limited period of five (5) years. Our reasons for appealing this condition are as follows:
- The investment cost of the approved project is estimated to be $1,200,000.00 to replace the existing antiquated facility to a state of the art gas station and car wash. In order to validate this kind of very substantial investment a viable economic life for the project is warranted. A restricted CUP life jeopardizes realization of an acceptable economic payout by potentially restricting the life of the project to five years.
- The fixed term and renewals of the underlying lease for the property are substantially longer than the five year CUP. In the event that the proposed project were to proceed and the CUP were not renewed after its five year life, the terms of our underlying lease would not permit a termination of the underlying lease term. This could create a guaranteed tenancy for valuable and expensive commercial property without the ability to operate the facility for its intended use. It should be noted that the current service station use has no risk of being terminated prematurely.
.- , Office of the .ty Clerk . I April 24, 1991 Page 2
-
- The CUP calls for the Planning Director to review the CUP on an annual basis, to determine if all conditions of the permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. The requirement for the applicant to formally apply for an extension on continued occasions (after five years and again after each subsequent ten year period) is an unnecessary administrative burden upon the applicant, City staff, and the Planning Commission. This condition duplicates the work already being done by staff when the City is already granted protection for appropriate concerns.
- Our experiences have indicated that other southern California cities and agencies do not impose time restrictions for CUP approvals. A CUP normally runs with the land so long as the conditions of the CUP are met.
Based upon the above factors your consideration to amend the condition for a limited five year CUP, and substitute a CUP that would be valid for a minimum period of twenty five years, is respectfully requested. At the Planning Commission hearing of April 17, the Planning Commission expressed concerns regarding our request to amend this conditions after public testimony was closed. As a result some of the above mentioned factors were not presented for the Planning Commission to consider. This appeal is filed with the prospect, which is acceptable to Mobil, that the matter be reheard at the Planning Commission level to reconsider this condition. Mobil would, of course, retain the right to subsequently appeal the decision of the Planning Commission to City Council based upon this formal appeal submittal.
Should you have any questions please call me at (619)592-0344 or write to me at 18634 Lancashire Way, San Diego 92128.
Very truly yours,
Kenneth B. Hubpper Professional Real Estate Representative
cc: Jeff Gibson - Planning Department Honorable Mayor and City Council Members Members of the Planning Commission Mr. Ron Ball - City Attorney's Office
fyjappea.doc
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9. This approval shall become null and void if building permits are.not issued for this
project within one year from the date of project approval. ,F .
10. Approval of CUP 90-02 is granted subject to the approval of SDP 90-04.
11. This conditional use petit is granted for a period of five (5) years. This
conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does !
not have a significant detrimental impact on surrounding properties or the public ! health and welfare. If the Planning Director.I.determines that the use has such :
significant adverse impacts, the Planning Director shall recommend that the 1
Planning Commission, after providing the pexmittee the opportunity to be heard, ;
add additional conditions to mitigate the signiflwt adverse impacts, This permit I
may be revoked at any time after a public hearing, if it is found that the use has i
a significant detrimental affect on surrounding land uses and the public’s health ;
and welfare, or the conditions imposed herein have not been met. This permit 1 may be extended for a reasonable period of time not to exceed ten (10) years upon 1
written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find
that no substantial adverse affect on surrounding land uses or the public’s health
and welfare will result because of the continuation of the permitted use. if a
substantial adverse affect on surrounding land uses or the public’s health and
welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the !
Planning Commission may grant. I ,
12. If the property owner/owners’ address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be
reported, in writing, to the Planning Department within 30 days.
13. Prior to the issuance of the building permits, Conditional and Special Use Permit,
there shall be a deed restriction placed on the deed to this property subject to the
satisfaction of the Planning Director notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Negative Declaration, Conditional
Use Permit and Site Development Plan by Resolution Nos. 3202, 3203 and 3204
on the real property owned by the declarant. Said deed 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 deed restriction. Sdd deed restriction(s) may be modified or
terminated only with the approval of the Planning Director, Planning Commission
or City Council of the City of C&bad whichever has final decision authority for this project.
. . .
PC RESO NO. 3203 -5
. . CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
438-5621
REC’D FROM / I .’ y\
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ACCOUNT NO. DESCRIPTION AMOUNT
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RECEIPT NO. 4 7 3 2
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of 1ocaI news and intelIigence of a genera1 character, and which
newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in the
said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the
NOTICEOF PUBLIC HEARING" '.
NolTcEl6NNnNBYGIvNNIvrntlrt tkecIt$ceancilofthecitrorcul, badwtllholdapabltckartn6U thowlocIlchem~l666~ bad VlIla6a Drive (formerly Z&I Avenue), culatmd, caluornt& at 6m pm. on Taeaday, June ll. 1981, tO-Ul~ppe~oI~COlldtUOB
Of@pplW8llbr~COdMidUM Femw6lte Developlnent Plan !e demoltak an sxtstta6 6u ntmttoll endeona!m&ontho-ait&. netr,comblMtiQn gu atd-nt- ecerruh,on~’ OEQprrlblOtWdelltbMeM& rut corner of Felomu Airport ltO8dO@PUEOUOlN&Ointh -Toarlatandeuauned ovwleY&neainxmalF66wtiea .muamMntFlanzono6andmom
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notice hereinafter referred to; and that the
notice of which the annexed is a printed
copy, has been published in each regular
and entire issue of said newspaper and not
in any supplement thereof on the follow-
ing dates, to-wit:
May 30 192
K--
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of Cali-
fornia on
day of
the 30th
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c/w %-2/tsPP qc -y
Mob;R 0~
J 211-050-001 J 11-050-002
211-050-003
Winter Ray Tr., Winter Barbara Tr.
1745 Rocky Road
Fullerton, CA 92631
J 211-050-004 James M. and Dorothy Gaiaer
3340 Ridgecrest Drive Carlabad, CA 92008
J J 11-050-005
211-050-011
Winter Family Partnership
1745 Rocky Road
Fullerton, CA 92631
P 11-050-006
Carltas Co. 4401 Manohester Avenue Suite 206
Encinitaa, CA 92024
J 211-050-008 State of California
. h 11-050-009 "Cal-Mil Plastic Products Inc.
6100 Paaeo De1 Norte
Carlsbad, CA 92009
11-050-010 Dealy Family Trust 02/14/89 Dunakin Cristine H Dealy Charles W III Et Al 1282 Crest Drive Encinitas, CA 92024
J 211-021-018 Carltas Co.
J 211-021-029 Carltas Co.
J P 11-021-022 211-022-023 Ecke Paul Sr. Tr., Ecke Paul Poinsettia Foundation P. 0. Box 607
Encinitas, CA 92024
J 211-021-024 Ecke Paul Sr. Tr., Ecke Paul and Magdalena Poinsettia c/o Pea Soup Anderson8 P. 0. Box "W" Buellton, CA 93424
211-021-026
Carltas Co.
J 211-021-028
211-021-029
Carltas Co.
J 211-030-027
Sargent Industries Inc.
c/o Dover Corporation
277 Park Avenue
New York, NY 10127
. *
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CUP go-Z/SDP 90-4 - MOBILE OIL
for a public hearing before the City Council. I
Please notice the item for the council meeting of
.
Thank you.
MARTY ORENYAK
Assistant City Manager
MAY 21, 1991
Date
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm
Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, April 3, 1991, to consider
approval of a Conditional Use Permit, Site Development Plan, and Negative Declaration to
demolish an existing gas station and construct, on the same site, a new combination gas
station/mini-mart/self-serve car wash, on property generally located on the southwest
comer of Palomar Airport Road and Paseo De1 Norte in the Commercial Tourist and
Qualified Overlay Zones in Local Facilities Management Plan Zone 3 and more particularly
described as:
Lot “I-I” of Ranch0 Agua Hedionda, Map No. 823, City of Carlsbad, County
of San Diego, State of California.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after March 28, 1991. If you have any questions, please call Jeff Gibson in the Planning Department at 438-1161, ext.
4455.
If you challenge the Conditional Use Permit/Site Development Plan in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the City of Carlsbad at
or prior to the public hearing.
CASE FILE: CUP 90-2/SDP 90-4 APPLICANT: MOBIL OIL
PUBLISH: MARCH 21, 1991
CITY OF CARLSBAD
PLANNING COMMISSION
-_
r
NOTICE OF PUBLIC I-EARING ’
c
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue),
Carlsbad, California, at 6:00 p.m. on Tuesday, June 11, 1991, to consider an appeal of a
condition of approval for a Conditional Use Permit/Site Development Plan to demolish an
existing gas station and construct, on the same site, a new combination gas station/mini-
mart/self-serve car wash, on property generally located on the southwest comer of Palomar
Airport Road and Paseo De1 Norte in the Commercial Tourist and Qualified Overlay Zones
in Local Facilities Management Plan Zone 3 and more particularly described as:
Lot “H” of Ranch0 Agua Hedionda, Map No. 823, City of Carlsbad, County of
San Diego, State of California.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. If you have any questions, please call Jeff Gibson in the Planning Department at
434-1161, ext. 4455.
If you challenge the Conditional Use Permit/Site Development Plan in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice or in written correspondence delivered to the City of Carlsbad at
or prior to the public hearing.
CASE FILE: CUP 90-2/SDP 90-4
APPLICANT: MOBILE OIL
PUBLISH: MAY 30,199l
CITY OF CARLSBAD
CITY COUNCIL
1
4
Ciq II Ctfbtd
MOBLOL I CUP 90-2/sw 90-4