HomeMy WebLinkAbout1991-07-23; City Council; 11267; Mobil Minimart/Car Wash1B # ~~;&b3 TITLE: RECONSIDERATION OF AN APPEAL OF A CONDITION
UlTG. 7123191 OFA CONDITIONAL USE PERMIT To CONSTRUC’l. A GAS
STATION/MINI-MART AND SELF-SERVE CAR WASH
IEPT. PLN CUP 90-2 - MOBIL OIL
3ECOMMENDED ACTION:
CIT --OF CARLSBAD - AGENta+ BILL
That the City Attorney be instructed to prepare documents amending Condition No. 11 of Planning
Commission Resolution No. 3203 as outlined on Exhibit “A” and explained below.
ITEM EXPLANATION
On June 11, 1991 Council considered an appeal of a condition imposed by the Planning
Commission on a Conditional Use Permit (CUP) allowing a gas station/mini-mart and self-service
car wash at the southwest comer of Paseo de1 Norte and Palomar Airport Road. The applicant,
Mobil Oil, was contesting a condition (No. 11) that granted the Conditional Use Permit for a term
of five years. The condition also allows for unlimited extensions, each not to exceed a ten year
period.
The applicant argued that the project required considerable capital investment that could not be
recouped in a five year period should the Conditional Use Permit not be extended. Staff testified
that the extensions were usually automatic and that the condition afforded the City a method to
both ensure compatibility with surrounding properties and to mitigate any detrimental impacts to
public health, safety and welfare. At the five year public hearing for the extension, the Planning
Commission reviews the project for compliance with conditions of approval and considers adequacy
of those conditions. Conditions that are no longer necessary are deleted and sometimes new
conditions are needed to ensure continued compatibility with the surrounding uses and/or to
mitigate unforseen detrimental impacts related to the operation of the conditional use.
The June 11th hearing concluded with the Council directing staff to work with the applicant in
determining a reasonable term for the Conditional Use Permit that met the applicant’s investment
needs while at the same time protected the City’s ability to revoke the Conditional Use Permit or
modify its conditions. Staff recommends that the revised wording for Condition No. 11 contained
in Exhibit “A” achieves this goal. The term of the amended condition would be 10 years
commencing on the date of Council approval. The applicant has convinced staff that 5 years is
probably not long enough to recover an investment of over one million dollars. The Conditional
Use Permit could also receive an unlimited number of extensions. This enables the applicant to
secure financing and amortize the investment over the life of the Conditional Use Permit.
The revised wording regarding annual review makes it clear that the City has the ability to monitor
the Conditional Use Permit for compliance with the approval conditions. It also explicitly states
that the City has the right to either revoke the permit or to impose additional conditions to ensure
continued compatibility with surrounding uses and to protect the public health, safety and welfare.
Also these additional conditions could include the prohibition or limitation of certain activities on
the project site. Finally, limiting the initial term of the Conditional Use Permit to 10 years ensures
both Planning Commission review and a public hearing within a reasonable time frame given the
level of investment by Mobil Oil.
PAGE2OFAGENDABILLNO. 11, db?
Staff believes that the revised Condition No. 11 maintains the intent of the original condition
imposed by the Planning Commission. Plus it accommodates the desire by the applicant to recoup
his investment over a realistic time frame. Finally, it clarifies the right of the City to revoke or
modify the Conditional Use Permit in order to maintain a compatible and nondetrimental
conditional use.
FISCAL IMPACT
None.
1. Exhibit “A” - Revised Condition No. 11 of Planning Commission Resolution No. 3203
2. City Council Agenda Bill No. 11,198 dated June 11,1991 w/attachments
EXHIBIT “A”
RECOMMENDED WORDING FOR CONDITION NO. 11 OF PLANNJNG
COMMISSION RESOLUTION NO. 3203
11. This Conditional Use Permit is granted for a period of ten (10) years
commencing on July 23, 1991. 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, or that other factors related
to this conditional use have a detrimental effect on surrounding
properties or public health, safety or welfare, 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. The additional conditions
may include the prohibition or limitation of certain activities on the
project site. 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.
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AB # //, /%f
MTG. 6 -I/- p
DEPT. PLN
_-
Cl1 . IF CARLSBAD - AGENt BILL f ‘5 /
TITLE: APPEAL OF A CONDITIONAL USE PERMIT TO CONBTRUCT A GA8 ~TATI~N/MINI-MART AND SELF- SERVE CAR WASH - CUP 9002/SDP 90-4 - MOBIL
RECOMMENDED ACTION:
That the City Attorney be instructed to prepare documents UPHOLDINQ 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.
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.
PAM 2 OF AGENDA BILL NO. //I MB
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
PALOMAR AIRPORT RD
4
[)ity of Carlsbad
MOBIL OIL I CUP 90=2/SDP 90-4
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/MINt-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) That the foregoing recitations are true and correct.
B) 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 signiticant impact on the environment.
2. The site has been previously disturbed by existing development and impacted by
human activities.
The streets are adequate in size to handle traffic generated by the proposed
project.
There are no sensitive resources located onsite or located so as to be significantly
impacted by this project.
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: Vice-Chairperson Erwin, Commissioners: Schlehuber, Schramm, McFadden, Marcus & Hall.
NOES: None.
ABSENT: Chairperson Holmes.
ABSTAIN: None.
ATTEST:
TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
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4hdhuL~+ba ,
MICHAEL J. H&ZMILI&!R
PLANNING DIRECTOR
PC RESO NO. 3202 -2-
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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: JAiiUARY 10, 1991
MICHAEL J.-?IOLi!&LLER
CASE NO: SDP W4/CUP 90-2 Planning Director
APPLICANT: MOBIL OIL
PUBLISH DATE: JANUARY 10, 1991
JG
2075 Las Palmas Drive l Car&bad. California 92009-4859 l (619) 438-l 161
ENVIRONMENTAL IIWACT ASSESSMENT FORM - PART n . -
(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 Huenner. 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 DUIIIDS. 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 significant 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 ause a signi&nt effect on the environment. On the checklist, “NO” will be checked
to indicate this deterrrtination. c .-
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a -cant 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
insignificant. 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
DISCUSS[ON. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
.
. PHYSICAL ENVIRONMENT
W1f.L THE PROPOSAL DMECIXY OR INDIRECTLY:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Il.
Result in unstable earth conditions or
increase the exposure of people or property ro 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 naw resources?
Use substantial amaim~~ of fixI or energy? -.1
Alter a significant 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 ENI~~NMENT - - .
WILL ‘THE PROPOSAL DIRECTLY OR INDUUXTLY: 73 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 ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDRECTLY:
17. Alter the present or planned land use
of an area?
18. Substantially a&c+ublic utilities,
schools, police, fire, emergency or other
public services?
F IllSlg) NO
x
x
x
X
x
Ei S SI F S miig) NO
x
x
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HUMAN ENVIRONMENT -
WILL THE PROPOSAL DIRECI-LY OR INDIRECTLY:
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Result in the need for-new or modified sewer
systems, solid waste or hazardous waste
control systems?
t ncrease 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)? x -
Substantially alter the density of the
human population of an area? x
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? x -
Alter waterborne, rail or air traffic? x
Increase traffk hazards to motor
vehicles, bicyclists or pedestrians? x
Interfere with em- response plans or
emergency evacuaticm plans? x
Obstruct any scenic vista or create an
aesthetically offensive public view? X
Affect the quality or quantity of
existing recreational opportunities? X
El S SI F S msig) NO
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MANDATORY FINDINGS _
V/ILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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, deftitive 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.) -** *A Does the project w wvironmental
effects which will w substantial adverse effects on human beings,
either directly or indirectly?
OF SIGNIFICANCE
Ei s1 s F S wig) NO
x
x
x
X
D:kUSkON OF ENVIRONMENTAL EVALUATION _
Pioiect 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
resrilurant to the west. The project is located in the Coastal Zone.
Physical Environment
12
3.
477
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 wiil
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) from 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 co& a water recycling system with eventual discharge into the sewage system.
Approval of the p* 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 was&rini-mart will not increase the cumulative impacts created by urban runoff into
surrounding man-made and natural drainage facilities.
9, IO. 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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ij:F(:CSS[ON OF ENVIRONMENTAL EVALUATION (co&d) - _
1’1. 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.
I3iolonical Environment -
12, I 3 ‘The project site has been previously graded and developed with a gas station and is an infill lot
l-1,1 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.
1 i 11 m nn 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 signifkantly 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 R7B-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.
22.
The project will replace an existing gas station and will not incrementally add light and glare to the
surrounding en virotrmmt. The canopy that covers the fueling area will screen light downward and
prevent light fro--@&g outward or upward, thus reducing impacts to surrounding parcels.
Compliance with CaLif-ornia Health and Safety Code Section 41960, and Rule 20 of the Air Pollution
Control District Rules 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 insigni&nce.
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g .S( LSSION OF ENVIRONMENTAL EVALUATION fcont’dl - _
23~4 The ‘proposed land use is commercial service, therefore the project will not substantially alter the
density 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 surro-unding 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% 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 traffic circulation and accesss will be adequate to handle the traff?c 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 Depzlrcment 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.
Mandator-v Findings of Significance
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 biolo#al or cultural resources.
34,35.The additional in&&cation of land use from an existing gas station to a slightly larger gas station
with a car wash an& n&i-mart will not create substantial additional cummulative impacts, nor effect
longer term 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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A.‘:;\LYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
c>
4
e>
f)
g)
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 traf& 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/mini-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 of the onsite improvements.
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* Q?.TERhkNATION (To ‘Be Completed By The Planning Department) _ . On the basis of this initial evaluation:
x [ find the proposed project COULD NOT have a signifkant effect on the environment, and a NEGATlVE
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.
- 1 find the proposed project MAY have a signifkant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
l/z/ y/
Date SignatQW
Ilz/W
Date’
JG
LIST MITIGATING MEASURES (IF APPLICABLE1
ATTACH MITIGATION i!&fWO ml
-lO-
.
:v’PI.tCANT 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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PLANNTNG COMMISSIONRESOLUTIONNO.3203
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 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, 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 Den@;
(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
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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.
PC RESO NO. 3203 -3-
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Conditions:
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Approval is granted for CUP 90-02, as shown on Exhibit(s) “A” - “.I”, 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.
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 subdivideis 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 shall 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 shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
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. 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 shah 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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PC RESO NO. 3203 -5-
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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 shah
be designed to reflect downward and avoid any impacts on adjacent homes or
property-
No outdoor storage of material shah 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 projec& prior to certificate of
~clwncy.
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 fle 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” & “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 permit 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.
PC PESO NO. 3203 -7-
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36. Prior to the issuance of grading permits, the project applicant shall receive a
1 CoasG4 Development Permit from the California Coastal Commission that approves
development that is in substantial conformance with the City approval. Evidence 2 that the permit has been received shall be submitted to both the Planning and
2 Fdlgirl* Departments.
4 37. The non-conforming automobile storage use located on the same parcel (tot
“H” of Rancho Agua Hedionda Map 823) shall obtain a Conditional Use
5 Permit or be eliminated prior to issuance of building permits for this project
6 (CUP 904WSDP 90-W).
7 Ennineerinn Conditions
8 38. The developer shall be responsible to pay the recording fees for all agreements,
easements and documents required for this project. 9
10 39. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this site plan.
11 40. The developer shall comply with all the rules, regulations and design requirements
12 of the respective sewer and water agencies regarding services to the project.
l3 41 . The developer shall be responsible for coordination with S.D.G.&E., Pacific
14 Telephone, and Cable TV authorities.
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.
The developer shall obtain a building permit for underground tank removal and
obtain the proper haul route permit for transporting the tanks to a dkposal site.
22 44. Prior to hauling dirt or construction materials to or from any proposed
23 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
24 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
drainage prior to discharge 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 issuance 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 frontage of this project.
Prior to issuance of building permit, a right of way permit, traffic and pedestrian
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 sidewalk underdrahs 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 Management:
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 Meh-Roos Community Facilities District is proposed to finance the construction
of several Citywide f&ilities necessary to serve new development. If the Mello-
Roots Community Facilities District is not formed, the requhed Geueral Plan
Consistency finding canuot be made for the Zone 3 properties. No discretionary
approvals, Building Permits, Grading Permits, Final Maps, or development permits
will be issued or approved uuless au alternate financing me&a&m 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-Roos District will be
considered to be formed following an affirmative vote of the property owners plus
a X)-day pexiod 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 txz5c circulation.
All required fie 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 shall
have posted “NO Parking/Fire Lane - Tow Away Zone” pursuant to Section
17.04.040, Carlsbad Municipal Code.
Plans and/or specifications for fk alarm systems, fire hydrants, exting&hi.ng
systems, automatic sprinklers, and other systems pertinent to the project shall be
submitted to the Fire Department for approval prior to construction
Carlsbad MuniciDal Water District Conditions:
61. The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
62. The developer’s engineer shall 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
Developer shall pay a San Diego County Water Authority capacity charge which
will be collected at issuance of application for meter installation
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64. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water and service is available at the
time of application for water service and will continue to be available until time
of occupancy.
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: Vice-Chairperson Erwin, Commissioners: Schlehuber,
Schramm, McFadden, Marcus & Hall.
NOES: None.
ABSENT: Chairperson Holmes.
ABSTAIN: None.
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TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
Al-TEST:
MICHAEL J. HOLZMILER
PLANNING DIRECXOR .
PC RESO NO. 3203 -ll-
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
10 WHEREAS, said verified application constitutes a request as provided by Title
11 21 of the Carlsbad Municipal Code; and
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factors relating to SDP 90-4.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
22 of the City of Carlsbad as follows:
23 A) That the foregoing recitations are true and correct.
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
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_. B) That based on the evidence presented-at the public hearing, the Commission hereby
APPROVES SDP 90-4, based on the following findings and subject to the following
conditions:
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Findings:
1. All findings of Planning Co mmission ResohGion Nos. 3202, and 3203 are
incorporated herein by reference. I
2. This project is consistent with the CI’ Zone and Qualified 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” - “S 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: Vice-Chairperson Erwin, Commissioners: Schlehuber, Schramm,
McFadden, Marcus & Hall.
NOES: None.
ABSENT: Chairperson Holmes.
ABSTAIN: None.
TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
A-l-l-EST:
\
/nQ*&
MICHAEL J. HOLIMILLER
PLANNING DIRECTOR
PC RESON0.3204 -2-
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DATE:
TO:
FROM:
SUBJECT:
APRIL 17, 1991
0 3 PWWNING 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. RJKOMMEIWATION
STAFF REPORT
cad
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. EXPLANATION
This item was scheduled to be heard at the Planning Commission meeting of April 3,
1991, however wzis continued due to the lateness of the hour.
ATI’ACHMENTS:
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 day extension
through April 3. 1991
DATE:
TO:
FROM:
SUBJECT:
I.
STAFF REPORT G-\if
APRIL 3, 1991 0 3
PLANNING COMMISSION
PLANNING DEPARTMENT
90-2/SDP 90-4 - MOBIL OIL - Request for approval of a Conditional Use CUP 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.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3202
APPROVJNG 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. PROJECI. DESCRIFW 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 i&ill 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 witbin 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 “H”). 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 Denny’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.
-
CUP 90-2/SDP 904 hdBIL 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. CI 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. ANALYSIS
1. Is the proposed project consistent with the General Plan, does it ensure compliance
with the underlying CI’ and Qualified Overlay Zone, and can the four fkclings 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 signikant impact on the environment?
The property has a Travel Service (TS) General Plan Land Use Designation that allows the development of travel service areas, including highway-orientated service stations that are
accessible to interregional traffic. The project is a combination gas station/rnini-mart/self- serve car wash located close to an 1-5 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 MOBtL OIL
APFuL3,1991
PAGE3
Car washes associated with automobile service stations are permitted by Conditional Use Permit in the CommerciaLTourist 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 traffic movements. The site has been designed
to reduce the visual impacts of buildings and waiting automobiles on surrounding
development and from public streets. AU 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:
A) The project would serve tourists and motorists traveiing the Palomar
Airport Road and I-5 freeway corridor.
B) 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.
(3 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
Permit under Chapter 21.42 (Conditional Uses, Section S(E)
Establishments or entenxises involving large assemblages of neonlg
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
The project conforms to the Sign Ordinance and zoning requirements
for- automobile service stations as summarized below:
B)
c>
14.6 SQUARE FEET
6-12 FEET WADE
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.
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.
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 ,.‘~t31L OIL APRIL 3; 1991
PAGES
D) An internal driveway connection would be provided between the
project site and Denny%. This connection would allow convenient
reciprocal access between the two uses.
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:
A) The building’s height, tile roof and stucco exteriors would be
compatible with surrounding development.
B) 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 from 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 traffk report prepared by a traffic consultant
applicant indicates that the intersection of Palomar Airport Road and Paseo De1 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 financing 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 reconstnxt the bridge, provide adequate on and off ramps, enhance the link from the freeway to Paseo Del Norte, 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 tum lanes fi-om eastbound Palomar Airport Road to
northbound Paseo De1 Norte. Adequate right-of-way to accommodate
the tum lanes is currently available without further dedication from
the project’s tiontage 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. tn
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: WELL.0 II)
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 drain 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.
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 h,dBIL OIL
APRIL 3, 1991
PAGE 7
Iv. ENVIRONMENTAL REVIEW
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 signikantly 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.
SUMMARY
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 3,199l
. PAGE8
ATTACH--
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
tL-iLhLrKbL.‘uu IJhlA >HltLl -
CASE NO.: CUP 90-2/SDP 90-4
CASE NAME: Mobil Oil
APPLICANT: Mobii Oil
REQUEST AND LOCATION: Gas Stationknini-mart/car wash at southwest comer of Palomar
Airoort Road and Paseo De1 Norte.
LEGAL DESCRIPTION: Lot “H” of Ranch0 Aaua Hedionda. Mar, #823. San Dieno County
APN: 21 l-OS-02
(Assessofs Parcel Number)
Acres .66 Proposed No. of Lots/Units N/A
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 Carlsbad’s Zoning
Requirements)
zoninq Use Land
Site CT-O Gas Station
North CT-O Gas Station/Restaurant/Hotel
south CT-O Retail
East CT-O Retail
West M IS/Office
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District a
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
Other,
JC:km
.
__ CITlOFCARlSBAD -
GROWTH MANAGEMENT PROGW
LOCALFACILITIESIMPACISAS!3EssMENT FORhJ
(To be Submitted with Development Application)
FILE NAME AND NO.: Mobii Oil - CUP 90-Z/SDP 90-4
LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: TS
ZONING: CT-O
DEVELOPER’S NAME: Mobil Oil Corporation
ADDRESS: 18634 Lancashire Wav. San Dieno. CA 92128
PHONE NO.: 592-0344 ASSESSOR’S PARCEL NO.: 21 l-OS-02
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.608 sa. ft
ESTIMATED COMPLETION DATE:
A.
B.
C.
D.
E.
F.
G.
H.
I.
City Administrative Facilities: Demand in Square Footage = N/A
Library: Demand in !3quare Footage = N/A
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage = N/A
Drainage: Demand in CFS = N/A
Identify Drainage Basin = N/A (Identify master plan facilities on site plan)
Circulation: Demand in ADTs = 2.080 (Identify Trip Dismbution on site plan)
Fire: Served by Fire Station No. = #4
Open Space: Acreage Provided - N/A
Schools: N/A
(Demands to be determined by staff)
J. Sewer: Demand in EDUs -
Identify Sub Basin - 3B (Identify trunk line(s) impacted on site plan)
K Water: Demand in GPD - 660
JC:km
. ’
DISCLOSURE STATEMENT
I 1?1l- CANTS STATEWEh7 CF ZSCLZSL’RE OF CERsAiN OWNEASHIP INTERESTS CN ALL APPLiCATlONS WHICH VVILL ZEC,L,F;~
2 SCRE;ICNA8Y ACTICN CN 7-E PAR-f CF TM Cm COLNCL, OR ANY APPOINTED BOARD. COMMISSION CR CCMM~EE
,- -‘ease ?r/nr)
The kilowing information must be disclosed:
1 Aoolicant
List the names and addresses of all persons having a financial interest in the application.
(I<. :IO;
2. - Owner
List the names and a/tldresses of all pe;sons having any ownership interest in the prOpeW involved.
I%. i h.Jh,.,, \n, n-f,.r7r*st ,L 1ulx. a&j
A,’ + &**-h,‘rP cl? +,fi -irwrt2< $ a& I
3. If any person identified pursuant to (I) or (2) above is a corporation or partnership, list the names a~
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersnz
Interest in the partnership.
-- --
:f 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 organitation or as trustee or beneficlarf
of the trust.
FRMOOO13 am
2075 Las Palmas Onve - Carlsbad. Callfornla 92009-4859 - (619) 436-l 161
1
1 i 4
i 1 i I i t
/ I
I
!
I 1
! i
/ ! , 8
1
Mobil Corponlitm
OirufDrs
wutu A sork vice pleadent,
woJm
law18 Y Sranxemb
ikeaoc.sc.mnca
Allon F. Jacobron
ChllllmM of the Board and
chlel EJecutrva Olfiier, 3M
Sun&C John- Chvmn S. C. Johnson 6 Son, Ix.
Hot& C Kadan
wutrr E. Mae DonrId
Execute VKX Presbdent,
Mobl 011 Corporation
Loa L. Morgan Former Charrman 01 the Board and
Chief Execukve Officer,
Cateroflfar Ix
Alkn E. Murray Ehrnor 8. Shadon Fmwr Resident. soaal c~~~~heeoerd.
CM Emcusw Oltrer
Luck A. Noto Vice Presdent and
Chief Flnanclaf Officer
sclenw Research cuJnc.d
Rkhard F. Tub
Vl~e Charrman of the Board
and Resident, h4ce4 011 Corporatton
:acvloogy and PlJbk Percy, dorm F Ksnnedy
Scnccd of Gw3mfrwnt. lvvaru unlwslry
Paul J. Hoenmanr Executhe Vce Presdent.
h4caodGxporallon
Counsel, . Webster 6 ShelfreId
Wiltlam J. Kmnody Ill
ChaIrman ol the Board, Presdent and
Chef Execulcve Cfflcer,
North CaroI~ne Mutual Life Insurance Company
.
J. Rlchrrd Munro
CoChaIrman of the Board and Co-Chef Executlm Offfcer. Time Warner Inc.
Eugene A. Ronna Rebut G W.&a Executfve Vice Presldmt, Senior Vtco Pmnt Mobil 011 Corporatfon
For lmpphcat lnf0rtnathQn on Robwt G Schwrrtr MotS6 dkedors. p+saae Chakman ot the Board, consult the prcny 6taterrmnt. Presdent and Chlel E*BCUIIW Officer, Melropolrlan Life
Insurance Company
otlicars
AlAvnEYurmy
charmarl ot the eoerd PEsldwlt and
awl wtrm 0Hicu
Rkhud F. lucbr
Vice Chairman of the Board
Robert G Week8 S&xor Vrce Presfdent
Rex D. Aam8
Vkx Presdent
John P. Kaohmn, Jr.
Vice Prestdent
Luck A. Not0
Vice Presrdent
Dad* T. s.rti.tt
s3uetary
J. Edwud Fowler
General counsa1
R. Ha~wuloardnor
Treasurer
RobertCWurur Cqntrotbsr
.
MobilOiiCorporaUon
oincton
Wmeuurmy
chavmMOfvleBoard
Richard F. Tucker Prestdent
Paul J. Hoonmans
Executne Vre President
Waltor E. Mae Donald
Executive Vkx President
Eugene A Renna
Exacutfve Vice President
Weltor A So*
Vice Presfdent
John P. KHhmn, Jr. Vice Presfdent
Lucia A. Noto
Vice Restdent
Rokrt G Womb Vice Presrdent
.-... -- ._- -A--...
CommMees Compen8rtlon l d Manrgomont Incontlvo hudit Committee: Committoo: Dr. Sranscomb. Chairman; Mr. Morgan. ChaIrman; M. Jaocoson, Mrs. Kaplan, Mr. Jacobson. Mr Johnson, liAr. Morgan, Mr. Munrp, Mr. Kennedy, Mr. Schwartz.
h4.schwarlzot.~. ’
Exocutlvo Commho: Mr. Murray, Charrman:
Mr. Tucker, Vice Chairman:
Mr. Sark, Mr. Hoenmans. Mr. Mat Donafd, Mr. Notq
Mr. Aenna. M Weeks.
..--
Nomlnrtlng CommIttoo:
Mr. Kennedy, Chatrman;
Dr. Branscomb, Mrs. Kaplan,
Mr. Morgan, Mr. Murray,
Mr. Tucker.
PuMk lrrurr Commlttoo:
Mr. Johnson, Charman;
Mr. Kennedy, Mr. Munro,
Mr. Murray, Dr. Sheldon,
Mr. Tucker.
Additional Information
Auditors Ernst b Young 2T7 Park tinw
fv8w York, New York 10172
Tmnrfor Agent and Rogistnr In ttw Unltod Stator
The Chase Manhattan Bank. N.A. 1 New York Pfaza New York, New York lW91 t9w-549.9291
TraMor Agent and Regirtru In Canada Montreal Trust Company Montreal Trust Company ot Canada of Canada
66 Temperance Street 411 81h puenua, SW.
Toronto, CWW. OntahoMSH lY7 Alberta T2P 1E7
Canada Canada 416-961.9545 40326~6800
AnlmporlanlparlofthedomBmicmdfomii one or more of them.
opefationscu+eredbythinmputhcn#d Additional fnformation ntlaling to Mobil is
on try opetamg divtaons, sub&ta& and contatned In a separate repot?, Financfaf and
ah3le5 condudvlg their respectrvr, busi- Operating Stahstics 1959. and in its annual
nesses under ttw duectron and control of report on Form 10-K fifed wfth the Seountw
theu own managements. Except as otherwise and Exchange Commtsston. Infomation vldlcated by the contaxi, thks report uses such daalng wtth various Mobs benelit plans for lams as “Mobd:’ “corporation:’ %tmlpafry: employees IS contained in plan descnptfons, “bd end “our:’ SometImes lor the parent at-mu& reports and other materfair mgularty ccqxratlon ar!d all such div!slons. subsldfaries furnIshed to employees under the Employee and aftdUes colfectrvely, and sometimes for l?dtwnent Income Security Act of 1974. A
statement of chantable wntnbuttons made by Mobd Foundatron, Inc, IS prepared annuaky. For copies 01 any of the foregoing, share
holders may wnte to the Corporate Secretary~
Room 9wooo6, Mobd Coqxmon. 150 East
42ndStmet,NewYork,NwYork1~1W%5, or telephone 2125534242. After June 15, 1990, please wrilr lo the Corpcrate Secretary. Room20920,MobJCorporatlon,3225GYl~s Road, Fartax, vqilnfa 22037GXl1, or telephone
703~649~3m.
e--m- z.h-..Lx: - c _-
.
.
Disclosure Statement
(Over)
Page 2
5. Have you had mcfe
Commissions, C
:han S250 worth of business transacted with any member of City staff, scar=;
/E mmlttees and Council within the past twelve months?
Yes - No - If yes, please indicate person(s)
w 13 defined M: ‘Any Indiwdual. lirm. copertnershlp. joint venture. ueociellon. soc~el club. fraternal OrgAnlzqlon. corporrtlon, estate, :rMst
recewer. ryndlcate, thlr end l ny other county, city end County, crty municlpelrty, dmtrxt of other polrt1c4 fiub,dlvlmon, or l y other OrOuP 5,
combmetlon actmg ee A unrt’
(NOTE: Attach additional pages as necessary.)
Signature of Owner/date
Print or type name of owner
2. ~.~~
Signature’6 applicant/date
K?L tLpp4
Prrnt or $pe name of applicant
se, Ll Gs-tdL Fcp’LIJI-~~+;ac
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Mobil 011 Corporation 2601 MAIN STREET
SUITE 270
IRVINE. CALIFORNIA 927148220
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. & 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.
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- 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:/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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April 17, 1991 PLANNING COMMISSION Page 5 COMMISSIONERS
3-story house using a 25' measurement to the peak, however, it may nor 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 feel's the architect needs some flexibility in designing a home. He strongly believes that a 2-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 Commission 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: (I) 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 Mello-Roos Community Facilities District, per staff memo dated April 3, 1991.
Corrrmissioners McFadden and Schramhr 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-Z/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
Schramrn 1.
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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 vashes
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 Schranua 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 Ervin 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 332
increase in usable space. There will be a 50% 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, 75-802 of the water is recycled. He requested reconsideration of Conditions Ull 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.
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\ 9 April 17, 1991 PLANNING COMMISSION Page i COMMISSIONERS
Condition 854 - 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 //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 $45. Karl Hoy, KHH Associates, La500 Von Karma" 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 utilised 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
Conrrission on this topic, Vice Chairman Erwin declared the public testimony closed and opened the item for discussion
among the Commission members.
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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 gall, 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 gall, 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 Erwin Planning Commission Resolution No. 3202 approving the Hall Negative Declaration issued by the Planning Director and Marcus adopt Planning Commission Resolution Nos. 3203 and 3204 McFadden approving CUP 90-2 and SDP 90-4, based on the findings Schlehuber and subject to the conditions contained therein. Schramm
SDP 90-10 - PI0 PICO MEDICAL BUILDING - Request for 0 construct an 95 gross s.f. medical uilding on a one-half acre lot 65 Pio Pica Drive (west side of Pio Pica between
ista Way and Las Flores Drive) in the 0 (Office ed Commercial) General Plan designation, the tial/Professional/Qualified Development e and Local Facilities Management
Alan Sweeney, Associat
the request and stated approval of a Site Dev s.f. medical building
project site.
across Pi0 Pica.
round of esting a,595 P Zone at
sure that area. of the
fice to t. The
the site was shown. \
The medical office use is compatible with the General lan \ land use designation for this site and is specifically permitted in the R-P Zone. Existing buildings in the are& are a mix of architectural styles, including Victorian,