HomeMy WebLinkAbout2000-05-02; City Council; 15716; Chevron Poinsettia Village- ---.
CITY OF CARLSBAD - AGENDA BILL 43
I&F /i y/6( TITLE:
MTG. 5-2 -00 CHEVRON POINSETTIA VILLAGE
CUP 99-IWDP 99-35
DEPT. PLN &
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2 b 60 - 13 6, APPROVING a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, CUP 99-15 and CDP 99-35 as
recommended for approval by the Planning Commission.
ITEM EXPLANATION:
On March 15, 2000, the Planning Commission conducted a public hearing and approved SDP 82-03(B)
and recommended approval of the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, CUP 99-15, and CDP 99-35 for the Poinsettia Village Chevron project (5-2). The
project site is located on a vacant pad within the Poinsettia Village Shopping Center, at the southeast
corner of the intersection of Avenida Encinas and the signalized intersection to the shopping center, in
the C-2-Q Zone, Mello I Coastal Overlay Zone, Commercial/Visitor Serving Overlay Zone and in Local
Facilities Management Zone 9.
The development proposal would allow for the construction of a 12-pump gas station, 2,132 square foot
food mart, and 884 square foot car wash on a vacant, pre-graded 1.14 acre site. The lot was previously
designated for use as an 8-pump gas station with the approval of SDP 82-03(A) in 1986. During the
Planning Commission’s deliberations, a motion was made by Commissioner Welshons to delete the car
wash portion of the project. However, that motion failed on a 34 vote. Subsequently, the Planning
Commission’s approval of SDP 82-03(B) approved the revised site plan to allow for the 4 additional
pumps, car wash, and food mart. No further action by the City Council is required for the SDP
application.
The project is located in the new Commercial/Visitor Serving Overlay Zone and therefore requires
approval of a Conditional Use Permit by the City Council. In addition, the Coastal Development Permit
and Mitigated Negative Declaration also require City Council approval. In that the Planning Commission
has approved the amended site plan, the main focus of the City Council’s review would include the
projects consistency with the Conditional Use Permit findings and the projects compliance with the
Commercial/Visitor Serving Overlay Zone standards.
Many of the Lakeshore Gardens residents expressed their opposition to the project during an association
meeting (attended by City staff), through phone calls and letters to staff, and at the public hearing. The
primary issues raised were in regard to air pollution, noise pollution, groundwater pollution, potential
alcohol sales, transients, increased traffic, and pedestrian safety. In response to the neighborhood
concerns about pedestrian safety when walking to the shopping center, the Planning Commission
imposed a condition to require the installation of a stop sign at the intersection of the entrance to the gas
station and primary shopping center access. Issues related to noise impacts are mitigated through the
construction of a sound wall at the exiting end of the car wash. In regard to environmental hazards, the
applicant has provided a detailed letter describing the technical aspects of the gas station containment
systems and how they comply with the requirements of the governmental reviewing/permitting agencies
(see Exhibit 6).
More detailed information regarding the development proposal is included in the attached staff report to
the Planning Commission and Planning Commission minutes.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration is proposed for the project. The project is within the scope of the
City’s Master Environmental Impact Report which is utilized to address the projects cumulative air
PAGE 2 OF AGENDA BILL NO. /Z?, 7 i 6
quality and circulation impacts. The initial study (EIA-Part II) prepared in conjunction with this project
determined that potentially significant impacts could be created as a result of noise from the blowers
at the exiting end of the car wash. In order to mitigate the potential impact, the project has been
conditioned to construct a noise wall which will mitigate interior and exterior noise levels experienced
by the Lakeshore Gardens residents to 45 dBA and 55 dBA, respectively, in compliance with the
City’s Noise Guidelines Manual. The noise wall has been designed as an extension of the car wash
building and appears as an architecturally integrated element. Furthermore, the Conditional Use
Permit will restrict the car wash hours of operation to 7 am - 7 pm, Monday - Saturday and 8 am - 6
pm, Sunday. With these measures in place, the potential noise impacts will be reduced to levels
which are less than significant.
FISCAL IMPACT:
All required street and infrastructure improvements needed to serve this project have been previously
installed with the development of the Poinsettia Village Shopping Center.
GROWTH MANAGEMENT STATUS:
Local Facilities Management Plan 9
Growth Control Point N/A
Net Density N/A
Special Facilities N/A
EXHIBITS:
1. City Council Resolution No. -000-,36
2. Location Map
3. Planning Commission Resolutions No. 4737,4738,4739, and 4740
4. Planning Commission Staff Report, dated March 15,200O
5. Excerpts of Planning Commission minutes, dated March 15, 2000
6. Summary Report of Environmental Permitting Process from Applicant, dated March 13,200O
7. Two Letters of Opposition and Concern from Lakeshore Gardens Mobil Home Park Residents and
Petition of Opposition from Lakeshore Gardens Mobile Home Park Residents.
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follows:
v RESOLUTION NO. 2000-136
CARLSBAD, CALIFORNIA, APPR
AND REPORTING PROGRAM, CO
SERVICE STATION, CAR WASH,
SIDE OF AVENIDA ENCINAS, SO
CASE NAME:
CASE NO.: CUP 99-l S/CDP 99-3
The City Council of the City of Car bad,
P
California, does hereby resolve as
the Carlsbad Planning Commission held a duly
noticed public hearing to consider a prop d Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Development Plan Amendment, Conditional Use
Permit, and Coastal Development mit to allow for the development of a 12-pump gas
station, car wash, and food mart d adopted Planning Commission Resolution No. 4738
approving the Site Developmen an Amendment and Resolutions No .4737,4739, and 4740
recommending to the City cil that the Mitigated Negative Declaration and Mitigation
Monitoring and Reportin gram, Conditional Use Permit, and Coastal Development Permit
be approved; and
S, the City Council of the City of Carlsbad, on the 2nd
, 2000, held a duly noticed public hearing to consider the
recommendati and heard all persons interested in or opposed to the Mitigated Negative
d Mitigation Monitoring and Reporting Program, Conditional Use Permit, and
lopment Permit; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
Conditional Use Permit 99-15, and Coastal Development Permit 99-35 is approved and that t?
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findings and conditions of the Planning Commission contained in Planning Commission
Resolutions No. 4737, 4739 and 4740 on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
3. This action is final the date this resolution is adopt
The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Ti
Review” shall apply:
imits for Judicial
“NOTICE TO APPLICANT”
“The time within which judicial review of this decisi must be sought is
governed by Code of Civil Procedure, Sectio which has been
made applicable in the City of Carlsbad by
Chapter 1.16. Any petition or other paper udicial review must be
filed in the appropriate court no later than tieth day following the
date on which this decision becomes fina owever, if within ten days
after the decision becomes final a requ the record of proceedings
accompanied by the required deposit in ount sufficient to cover the
estimated cost of preparation of su rd, the time within which such
petition may be filed in court is exte not latter than the thirtieth day
following the date on which the re IS either personally delivered or
mailed to the party, or his of record, if he has one. A written
request for the preparation cord of the proceedings shall be filed
with the City Clerk, City arlsbad, 1200 Carlsbad Village Drive,
Carlsbad, California 92008.”
PASSED AND ADO at a regular meeting of the City Council of the City of
Carlsbad on the day of / 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
LORRAI+ M. WOOD, City Clerk
(SEAL)
-2-
EXHl6lT 2
CHEVRON POINSETTIA VILLAGE
CUP 99915ICDP 99-35
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PLANNING COMMISSION RESOLUTION NO. 4737
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING
PROGRAM TO ALLOW A SERVICE STATION, CAR WASH
AND FOOD MART ON PROPERTY GENERALLY LOCATED
AT THE NORTHEAST SIDE OF AVEMDA ENCINAS, SOUTH
OF POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: SDP 82-03(BKUP 99-lS/CDP 99-35
EXHIBIT : 3
WHEREAS, K. B. Narain, “Developer”, has filed a verified application with the
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. and
Poinsettia Associates, “Owners”, described as
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program was prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on the 15th day of March, 2000, 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 Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program according to
Exhibit “ND” dated February 4,2000, and “PII” dated January 3,2000, attached
hereto and made a part hereof, based on the following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
A. it has reviewed, analyzed and considered Mitigated Negative Declaration
CHEVRON POINSETTIA VILLAGE - SDP 82-03(B)/CUP 99-lS/CDP 99-
35, the environmental impacts therein identified for this project and any
comments thereon prior to RECOMMENDING APPROVAL of the project; and
B. the Mitigated Negative Declaration has been prepared in accordance with
requirements of the California Environmental Quality Act, the State Guidelines
and the Environmental Protection Procedures of the City of Carlsbad; and
C.
D.
it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and \
based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
Conditions:
1. Developer shall implement or cause the implementation of the Chevron Poinsettia
Village Mitigation Monitoring and Reporting Program.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
PC RESO NO. 4737 -2- 7
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of March 2000, by the
following vote, to wit:
AYES: Chairperson Compaq Commissioners Heineman, Nielsen, Segall,
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairper&&
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO
Planning Director
PC RESO NO: 4737 -3-
- -
City of Carlsbad
MITIGATED NEGATIVE DECLARATION
Project Address/Location: A.PN 2 14-430-23
Parcel 11 of Parcel Map No. 15187 filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
Project Description: Service station, car wash and 2,100 sq. Et. food mart located on a
vacant 1.14 acre pre-graded pad within the Poinsettia Village
Shopping Center
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, the
initial study (EIA Part 2) identified potentially significant effects on the environment, but (1)
revisions in the project plans or proposals made by, or agreed to by, the applicant before the
proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment .
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project “as revised” may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the
public are invited. Please submit comments in writing to the Planning Department within 30
days of date of issuance. If you have any questions, please call Barbara Kennedy in the Planning
Department at (760) 602-4626.
DATED: FEBRUARY 4,200O
CASE NO: SDP 82-03(B)/CUP 99-lS/CDP 99-35
CASE NAME: CHEVRON POINSETTIA VILLAGE
PUBLISH DATE: FEBRUARY 4,200O
Planning Director
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 9
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: SDP82-03B/CUP 99-1XDP 99-35
DATE: l/3/00
BACKGROUND
1. CASE NAME: Chevron Poinsettia Village
2. APPLICANT’: K. B. Narain
3. ADDRESS AND PHONE NUMBER OF APPLICANT: P. 0. Box 1918. Ranch0 Santa Fe. CA
4. DATE EIA FORM PART I SUBMITTED: AuPust 5.1999
5. PROJECT DESCRIPTION: Service station, car wash. and 2.100 sauare foot food mart.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
0 Land Use and Planning Ix] Transportation/Circulation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems
0 Geological Problems
q Water
q Air Quality
0 Energy & Mineral Resources 0 Aesthetics
cl Hazards cl Cultural Resources
El Noise 0 Recreation
0 Mandatory Findings of Significance
1 Rev. 03/28/96 /O
,
DETERMlNATION.
(To be completed by the Lead Agency)
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I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. A Negative
Declaration is required, but it must analyze only the effects that remain to be addressed.
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 all potentially
significant effects have been analyzed adequately in an earlier environmental review,
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
Plahner Signature
31 hnAAm 2000
Date u
z-/l loo
Date , I
2 Rev. 03/28/96
-
I
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 (EIR), Negative
Declaration, or to rely on a previously approved EIR or Negative Declaration.
l A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by an information source cited in the parentheses following each
question. A “No Impact” answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
“No Impact” answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
l “Less Than Significant Impact” applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation
of mitigation measures has reduced an effect from “Potentially Significant Impact” to a
“Less Than Significant Impact.” The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
l “Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significant.
l Based on an “EIA-Part II”, if a proposed project could have a potentially significant
effect on the environment, but a potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
l When “Potentially Significant Impact” is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a “Statement of
Overriding Considerations” has been made pursuant to that earlier EIR.
l A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
3 Rev. 03/28/96
l If there are one or more potentially significant effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. In this
case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated”
may be checked and a Mitigated Negative Declaration may be prepared.
l An EIR must be prepared if “Potentially Significant Impact” is checked, and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a “Statement of Overriding Considerations” for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not
reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
4 Rev. 03128196 13
Issues (and Supporting Information Sources).
I.
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b)
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II.
a)
b)
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III.
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IV.
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C)
LAND USE AND PLANNING. Would the proposal:.
Conflict with general plan designation or zoning?
(Source #(s): (#l:Pgs 5.6-l - 5.6-18)
Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project? (#l:Pgs 5.6-l - 5.6-18)
Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18)
Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from
incompatible land uses? (#l:Pgs 5.6-l - 5.6-18) Disrupt or divide the physical arrangement of an
established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-)
POPULATION AND HOUSING. Would the proposal:
Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-l - 5.5-6) Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l -
5.5-6) Displace existing housing, especially affordable
housing? (#l:Pgs 5.5-l - 5.5-6)
GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving: Faultrupture? (#l:Pgs 5.1-1 - 5.1-15)
Seismic ground shaking? (#l:Pgs 5.1-l - 5.1-15)
Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1 - 5.1.15)
Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-I -
5.1-15)
Landslides or mudflows? (#l:Pgs 5.1-l - 5.1-15)
Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs
5.1-l - 5.1-15; Source #3) Subsidence of the land? (#l:Pgs 5.1-l - 5.1-15)
Expansive soils? (#l:Pgs 5.1-l - 5.1-15)
Unique geologic or physical features? (#l:Pgs 5.1-I - 5.1-15)
WATER. Would the proposal result in:
Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff’? (#l:Pgs 5.2-l - 5..2-
11) Exposure of people or property to water related hazards
such as flooding? (#l:Pgs 5.2-l - 5..2-11)
Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? (#l:Pgs 5.2-l - 5..2-11)
5
Potentially Significant Impact
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Less Than Significant Impact
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No impact
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Rev. 03128196
Issues (and Supporting Information Sources).
d)
e)
f)
9)
h)
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e)
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a)
b)
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Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5..2-11)
Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5..2-11)
Changes in the quantity of ground waters, either through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge
capability? (#l:Pgs 5.2-l - 5..2-11) Altered direction or rate of flow of groundwater?
(#l:Pgs 5.2-l - 5..2-11)
Impacts to groundwater quality? (#l:Pgs 5.2-l - 5..2-
11: Source #4)
Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs
5.2-l - 5..2-11)
Potentially
Significant
Unless Mitigation
Incorporated
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AIR QUALITY. Would the proposal:
Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l:Pgs 5.3-
1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l
- 5.3-12) Alter air movement, moisture, or temperature, or cause
any change in climate? (#l:Pgs 5.3-l - 5.3-12) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12)
TRANSPORTATION/CIRCULATION. Would the
proposal result in:
Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22)
Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22)
Inadequate emergency access or access to nearby uses?
(#l:Pgs 5.7-l - 5.7.22)
Insufficient parking capacity on-site or off-site?
(#l:Pgs 5.7-l - 5.7.22)
Hazards or barriers for pedestrians or bicyclists?
(#l:Pgs 5.7-l - 5.7.22)
Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
(#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l -
5.7.22)
BIOLOGICAL RESOURCES. Would the proposal
result in impacts to: Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-l - 5.4-24)
Locally designated species (e.g. heritage trees)?
(#l:Pgs 5.4-l - 5.4-24) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24)
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q
q
lxl
Ix]
Ix1
Ix]
q
El
0
Ix]
lzl
lx
q
Ix]
lxl
El
lxl
lxl
lxl
lxl
Ia
lxl
6 Rev. 03128196 Lr
Potentially
Significanl Impact
Less Than Significant
Impact
No impact
Issues (and Supporting Information Sources). Potentially Significant
Impact
Potentially Significant
Unless Mitigation
Incorporated q
Less Than No Significant Impact Impact
q
d) Wetland habitat (e.g. marsh, riparian and vernal pool)?
(#l:Pgs 5.4-l - 5.4-24)
e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l
- 5.4-24)
q
q
q lxl
q lxl
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
(#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9)
b) Use non-renewable resources in a wasteful and
inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-
1 - 5.13-9)
c) Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5
& 5.13-1 - 5.13-9)
q
q
q
q
q El
q lx
q q q El
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil,
pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l -
5.10.1-5; Source ##4))
b) Possible interference with an emergency response plan
or emergency evacuation plan? (#l:Pgs 5.10.1-l -
5.10.1-5)
c) The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-l - 5.10.1-5: Source #4)
d) Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5)
e) Increase fire hazard in areas with flammable brush,
grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5)
0 q lxl q
q q q lxl
q q
q
q
Ix] 0.
q El
q lxl
q
q
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9-
15: and Source #2)
b) Exposure of people to severe noise levels? (#l:Pgs 5.9-
1 - 5.9-15; and Source #2)
q
q
Ix1
q
q q
q lxl
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)
b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4)
c) Schools?(#l:Pgs 5.12.7.1 - 5.12.7-5)
d) Maintenance of public facilities, including roads? (1,
Pgs 5.12.1-l - 5.12.8-7)
e) Other governmental services? (#l:Pgs 5.12.1-l -
5.12.8-7)
q cl q Ix1 q q q Ix1 q q 0 la q q q lxl
q q q Ix1
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
7 Rev. 03/28/96
Issues (and Supporting Information Sources). Potentially
Significant Impact
Potentially Significant
Unless Mitigation
Incorporated
Less Than Significant
Impact
No Impact
a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
5.13-1 - 5.13-9) q
b) Communications systems? (#l; Pgs 5.12.1-1 - 5.12.8-
7) q
c) Local or regional water treatment or distribution
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) cl
d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) q e) Storm water drainage? (#l:Pg 5.2-8) q f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) l-l
g) Local or regional water supplies? (#l:Pgs 5.12.2-1 -
5.12.3-7)
cl
q
q
q
q
q
IXI
Ix1
lxl
q q El q q lxl q q Ix1 q cl lxl
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#l:Pgs
5.1 l-l - 5.1 l-5) q
b) Have a demonstrate negative aesthetic effect? (#l:Pgs
5.11-1 - 5.11-5) q
c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) q
q
q
q
q
q
q
lxl
lxl
lxl
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8-
10) q
b) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8-
10) q
c) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10) 0 d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs q
5.8-l - 5.8-10)
e) Restrict existing religious or sacred uses within the
potential impact area? (#l:Pgs 5.8-l - 5.8-10) q
q
q
q
cl
q q
0 q lxl
xv. RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? (#l :Pgs 5.12.8-1 - q
5.12.8-7,)
b) Affect existing recreational opportunities? (#l :Pgs
5.12.8-1 - 5.12.8-7) q
cl q
q
IXI
q lxl
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the q
habitat of a fish or wildlife 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 endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
q 0 Ixi
Rev. 03/28/96
-
Issues (and Supporting Information Sources).
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a 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)?
c) Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
-
Potentially Potentially Less Than No SignificaA SignificaG Significant Impact Impact Unless Impact Mitigation
Incorporated q q q Ix]
q q q Ix]
.
9 Rev. 03/28/96
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the
following on attached sheets:
a> Earlier analyses used. Identify earlier analyses and state where they are available
for review.
b) Impacts adequately addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
4 Mitigation measures. For effects that are “Less than Significant with Mitigation
Incorporated,“ describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-
specific conditions for the project.
10 Rev. 03/28/96 r9
DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING
The proposal is for the development of a gas station, car wash, and mini mart on an existing pre-
graded pad within the Poinsettia Village Shopping Center. The 1.14 acre site is located on the
northeast side of Avenida Encinas, south of Poinsettia Lane. The project is surrounded by two
vacant pads to the north and south. Parking areas and retail/church uses are located to the east
with I-5 beyond and Lakeshore Gardens Mobile Home Park is located beyond Avenida Encinas
to the west.
The gas station will include 12 pump stations, a 2,132 square foot food mart, and an 884 square
foot car wash. The proposed hours of operation for the gas station and mini-mart will be from
6:00 am to 1l:OO pm. The proposed car wash will be open from 6:00 am until 8:00 pm.
The area is located within the newly established Commercial/Visitor-Serving Overlay Zone and
will require a Coastal Development Permit, Site Development Plan Amendment and Conditional
Use Permit.
11 Rev. 03128196
II. ENVIRONMENTAL ANALYSIS
B. Environmental Impact Discussion
I. Land Use and Planning
The site is zoned C-2-Q (General Commercial/Qualified Overlay Zone) with a General Plan
Land Use Designation of T-R/C (Travel/Recreation Commercial/Community Commercial) and a
gas station/car wash/mini mart is permitted with the approval of a conditional use permit. There
will be no conflicts with applicable environmental plans or policies that are under the jurisdiction
of any resource or regulatory agency. The site is a vacant pre-graded pad within an existing
shopping center which was planned for development of a gas station. The addition of the car
wash and food mart will require an amendment to the Site Development Plan (SDP 82-03B).
II. Population and Housing
The project will not impact or affect population patterns, projections or affordable housing
provisions.
III. Geologic Problems
The project is proposed on a pre-graded pad which was graded in accordance with City standards
through the issuance of a grading permit in 1984 in conjunction with the mass grading for the
Poinsettia Village Shopping Center. The proposed development will require minor grading of
approximately 250 cubic yards of cut and 200 cubic yards of fill, with 50 cubic yards of export.
The proposed building pad elevations are at the level of the existing graded pad which is about
3.5 feet above Avenida Encinas. The site is free of any known or documented seismic, or
geologic instabilities. No landslides, faultlines or soils with expansive or unstable properties are
found on-site.
IV. Water
The project will result in increased surface runoff due to the addition of impervious surfaces
required for the development of the structures and pavement areas. The fuel dispensing area will
be designed to ensure clean storm water discharge from fuel dispensing areas and will minimize
the potential for gasoline runoff. Development of the site will be required to comply with all
applicable City regulations regarding drainage and runoff, including compliance with NPDES
regulations/requirements and Best Management Practices. The development of the existing pad
will not impact groundwater flow or quality; or change the flow of surface run-off; or impact
public water supplies. The car wash will be designed to recycle 90% of the water used.
V. Air Quality
In 1994 the City prepared and certified an EIR which analyzed the impacts which will result
from the build-out of the City under an updated General Plan. That document concludes that
continued development to build-out as proposed in the updated General *Plan will have
cumulative significant impacts in the form of increased gas and electric power consumption and
vehicle miles traveled. These subsequently result in increases in the emission of carbon
monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates.
12 Rev. 03/28/96 df
These aerosols are the major contributors to air pollution in the City as well as in the San Diego
Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air
emissions are considered cumulatively significant: therefore, continued development to build-out
as proposed in the updated General Plan will have cumulative significant impacts on the air
quality of the region.
To lessen or minimize the impact on air quality associated with General Plan build-out, a variety
of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions
for roadway and intersection improvements prior to or concurrent with development; 2) measures
to reduce vehicle trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage alternative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is
located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked
“Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the
preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City
Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air
quality impacts. This “Statement Of Overriding Considerations” applies to all projects covered
by the General Plan’s Final Master EIR. This project is within the scope of that MEIR This
document is available at the Planning Department.
VI. Transportation/Circulation
The project site is part of the Poinsettia Village Shopping Center (SDP 82-03(A)) and was
specified for development as a gas station. The site was analyzed in a traffic study prepared in
September 1985 by Len Schatzmann, P.E. Subsequently, Urban Systems reviewed the proposed
addition of a car wash and food mart to determine if an updated traffic analysis would be
required due to changes in anticipated traffic. The report states an additional 25 trips per fueling
station will be generated by the addition of the car wash and food mart. Based on 12 t%eling
stations as proposed, the project would result in an increase of 300 trips per day. On a peak hour
basis the change would translate to 20 AM trips in and 20 trips out. During the PM peak about
23 new trips in and 23 out could be expected. Based on the Regional Traffic Impact Study
Guidelines, this small increase in traffic is not significant enough to warrant a new traffic study
for the proposed project.
In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would
result from the build-out of the City under an updated General Plan. That document concluded
that continued development to build-out as proposed in the updated General Plan will result in
increased traffic volumes. Roadway segments will be adequate to accommodate build-out
traffic; however, 12 full and 2 partial intersections will be severely impacted by regional
through-traffic over which the City has no jurisdictional control. These generally include all
freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the
implementation of roadway improvements, a number of intersections are projected to fail the
City’s adopted Growth Management performance standards at build-out.
To lessen or minimize the impact on circulation associated with General Plan build-out,
numerous mitigation measures have been recommended in the Final Master EIR. These include:
13 Rev. 03128196 aa
1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to
develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks,
pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation
strategies when adopted. The diversion of regional through-traffic from a failing Interstate or
State Highway onto City streets creates impacts that are not within the jurisdiction of the City to
control. The applicable and appropriate General Plan circulation mitigation measures have either
been incorporated into the design of the project or are included as conditions of project approval.
Regional related circulation impacts are considered cumulatively significant because of the
failure of intersections at build-out of the General Plan due to regional through-traffic, therefore,
the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is
consistent with the General Plan, therefore, the preparation of an EIR is not required because the
recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included
a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of
Overriding Considerations”. applies to all projects covered by the General Plan’s Master EIR.
This project is within the scope of that MEIR This document is available at the Planning
Department.
In addition, the City has received its annual Growth Management Traffic Monitoring Report.
The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar
Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. A
mitigation measure has been identified which, if implemented, will bring the peak hours LOS
into the acceptable range. The mitigation measure involves construction of two dual right turn
lanes (northbound to eastbound and westbound to northbound). This project has agreed to a
condition to pay its fair share of the intersection “short-term improvements” thereby
guaranteeing mitigation to a level of insignificance.
Ix. Hazards
Compliance with the California Health and Safety Code 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 insignificance. Engineering and Fire Department review of
the project will ensure that typical safety features and provisions are designed into the project.
X. Noise
A noise assessment was prepared for the project to analyze the noise level forecast for the car
wash and its impacts on the nearby sensitive land uses. Residences within the Lakeshore
Gardens Mobile Home Park will be exposed to noise from the car wash operation, including the
dryer/blower and vacuum, during the proposed hours of operation from 6:00 AM until 8:00 PM.
In order to reduce these noise levels below a level of significance, a 9 foot high barrier (sound
wall) will need to extend 15 feet out from the south end of the car wash. With the noise barrier
in place, residences directly to the south of the car wash exit opening will experience worse case
exterior noise levels of 52 dBA, which is below the City’s 55 dBA exterior noise standard.
Interior noise levels are not expected to exceed a worse case of 40 dBA (in a windows open
condition) which is below the City’s 45 CNEL interior noise standard. The noise wall will be
located outside of the front setback area and has been designed so that it is architecturally
compatible with the design of the car wash in that it appears as an architectural extension of the
building.
14 Rev. 03/28/96 23
XII. Aesthetics
The project will not negatively impact the scenic qualities of Interstate 5 or Avenida Encinas.
The project has been designed to be architecturally compatible with the existing shopping center.
Exterior lighting will be shielded to keep light and glare from spilling on to adjacent residential
properties. In addition, the proposed black non-reflective concrete paving surface will further
reduce the amount of light and glare of the service station.
15 Rev. 03128196 a4
’ III. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and are on file in the City of
Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009,
(760) 438- 116 1, extension 4447.
1. Final Master Environmental Imnact Renort for the City of Carlsbad General Plan Update
(MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department.
2. Noise Analysis for the Poinsettia Village Chevron Car Wash, dated July 7, 1999, prepared by
Mestre Greve Associates.
3. Undate Geotechnical Investigation Poinsettia Village Gas Station, Lot 11, dated April 6,
1999, prepared by URS Greiner Woodward Clyde.
4. Water Oualitv Management Plan, dated December 21, 1999, prepared by Western States
Engineering & Construction.
16 Rev. 03/28/96 15
’ LIST OF MITIGATING MEASURES
1. The Developer shall pay his fair share for the “short-term improvements” to the El Camino
Real/ Palomar Airport Road intersection prior to issuance of a building permit. The amount
shall be determined by the methodology ultimately selected by Council, including but not
limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 9 LFMP
fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing
district.
2. The Developer shall construct a noise barrier in accordance with the recommendations
outlined in the Noise Assessment for Poinsettia Village Chevron Car Wash.
ATTACH MITIGATION MONITORING PROGRAM
17 Rev. 03128196 db
APPLICANT CONCURRENCE WITH MITIGATION 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 Signaturk
18 Rev. 03128196 d7
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ENVIRONMENTAL MI’. JATION MONITORING CHECKLIS __ Page 1 of 1
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PLANNING COMMISSION RESOLUTION NO. 4738
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT TO ALLOW A
SERVICE STATION, CAR WASH AND FOOD MART ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
SIDE OF AVENIDA ENCINAS, SOUTH OF POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: SDP 82-03(B)
WHEREAS, K. B. Narain, “Developer”, has filed a verified application with the
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. and
Poinsettia Associates, “Owners”, described as
Parcel 11 of Parcel Map No. 15187, in the City of Carisbad,
County of San Diego, State of California, tiled in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “L” dated March 15, 2000, on file in the
Planning Department, CHEVRON POINSETTIA VILLAGE - SDP 82-03(B) as provided by
Chapter 2 l.O6/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES CHEVRON POINSETTIA VILLAGE - SDP 82-
03(B) based on the following findings and subject to the following conditions:
Findinps:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that:
A. The requested use is necessary and desirable for the development of the
community in that the automobile-related services are proposed as part of a
community shopping center which provides necessary services to the
surrounding community.
B. The project is in harmony with various elements of the General Plan in that
the underlying Travel-Recreation /Commercial (T-R/C) land use designation
ensures that commercial service uses will be accessible to both the
surrounding community and the traveling public.
C. The project is not detrimental to existing uses or to uses specifically
permitted in the area in that the architectural style is compatible with the
existing shopping center; noise impacts have been mitigated through the use
of a sound wall; visual impacts have been reduced through landscaping and
screen walls; and the hours of operation for the car wash and fuel delivery
have been restricted through the conditional use permit to minimize the
impact of the project on both the existing surrounding uses and the
anticipated uses on the adjacent vacant pads.
D. The project will not adversely impact the traffic circulation in that the gas
station was previously evaluated in a traffic study for the Poinsettia Village
Shopping Center - SDP 82-03(A) and the addition of the car wash and food
mart will generate an additional 300 ADT which will not impact the levels of
service of the surrounding roadways and key intersections to au
unacceptable level. No additional roadway improvements are necessary.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed structures have been located outside of the sight distance
easement; the internal circulation has been designed to adequately accommodate the
turning movement of fueling trucks and vehicles; an adequate stacking lane has
been provided for the car wash; parking spaces have been provided in close
proximity to the retail area; and all necessary landscaped setbacks, circulation
aisles, and parking areas have been provided.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
PC RESO Nd. 4738 -2- -30
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provided and maintained, in that all setbacks required by the C-2 zone and
Commercial/Visitor Serving Overlay Zone have been provided; screen walls have
been provided along Avenida Encinas to partially obscure vehicles; a noise wall has
been integrated into the design of the car wash to mitigate any potential noise
impacts; and the architectural design has been designed to complement the existing
shopping center.
4. That the street systems serving the proposed use are adequate to properly handle all
traffic generated by the proposed use, in that the traffic impacts of the proposed gas
station have been previously evaluated in a traffic study for the Poinsettia Village
Shopping Center and the addition of the car wash and food mart will generate an
additional 300 ADT, for a project total of 1,860 ADT, which will not impact the
levels of service of the surrounding roadways and key intersections to an
unacceptable level.
5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated March 15,200O including, but not limited to the following:
A.
B.
C.
D.
Land Use - the project is consistent with the (T-WC) Travel-
Recreation/Commercial General Plan Designation in that the project is a
commercial service use, consisting of a gas station, car wash, and food mart,
which will provide a needed service for both the surrounding community and
the traveling public.
Circulation - the levels of service of adjacent roadways directly serving the
project will not be reduced to unacceptable levels by the traffic generated by
the proposed gas station, car wash, and food mart. No roadway
improvements are necessary or required.
‘Noise - sound-attenuation measures will be incorporated into the project to
ensure that the residential interior noise levels in the adjacent mobile home
park do not exceed the City’s 45 dBA CNEL noise standard and exterior
noise levels shall not exceed the City’s 55 dBA CNEL noise standard.
Public Safety - the project is conditioned to obtain all necessary permits from
the regulatory agencies, including the Air Pollution Control District (APCD)
and the County Health Department.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 9 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to ?r concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
PC RESO NO. 4738 -3- 31
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B.
C.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
8. That this project could have a potentially significant negative cumulative traffic
impact on the Palomar Airport Road/El Camino Real intersection. However, this
project has been conditioned to pay its fair share of the “short-term improvements”,
thereby guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
PC RESO NO. 4738 -4- 3%
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5.
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Developer shall implement, or cause the implementation of the Chevron Poinsettia
Village Project Mitigation Monitoring and Reporting Program.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from: (a) City’s approval and issuance of this Site Development Plan
Amendment, Conditional Use Permit and Coastal Development Permit; and, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy
of the Chevron Site Plan and the amended Poinsettia Village Shopping Center Site
Plan reflecting the conditions approved by the final decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolutions in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Developer shall provide proof to the Director from the School District that this project
has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 9 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall supersede and replace all approvals and conditions in
Resolution No. 2542 (SDP 82-03(A)).
This Site Development Plan (SDP 82-03(B)) is subject to all of the conditions of
approval for CT 81-6(B) contained in Resolution No. 2541 with the exception of
Condition #21 in regard to Pad #5. Pad #5 may be utilized for a 12-pump gasoline
station, food mart and car wash as shown on exhibits “A” - “L”. Service bays are
specifically prohibited as part of this approval.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, CUP 99-15, and CDP 99-35 and is
subject to all conditions contained in Planning Commission Resolutions 4737, 4739,
4740 for those other approvals.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Developer shall obtain and maintain in ‘good standing all licenses, permits, or
approvals required by state law to operate as a gas station, car wash, and food mart.
PC RESO NO. 4738 -5- 33
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16. Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
LandscaDe
17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. The Developer shall construct and install all landscaping
as shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Notice
19. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
20. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan, Conditional Use Permit, and Coastal Development Permit by
Resolutions No. 4738, 4739, 4740 on the real property owned by the Developer. Said
Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
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Onsite Conditions - Suecific
21.
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25.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property. The maximum height of the light poles
shall not exceed 20 feet. A lighting plan for the canopy shall also be submitted for
approval by the Planning Director. .
Signs shall be permitted in accordance with the Poinsettia Village Sign Program for
SDP 82-03(A), on file in the Planning Department.
A stop sign shall be installed at the drive entrance to the gas station to the
satisfaction of the City Engineer.
Enpineering
General
26. Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formerly established by the City.
27. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
Fees/Agreements
28. Developer shall pay all current fees and deposits required.
29. Owner shall give written consent to the annexation of the area shown within the
boundaries of the subdivision plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1 on a form provided by the City.
Dedications/fmurovements
30. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. The developer shall provide best management
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practices as referenced in the “California Storm Water Best Management Practices
Handbook” to reduce surface pollutants to an acceptable level prior to discharge to
sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
31. The structural section for the access aisles must be designed with a traffic index of 5.0 in
accordance with City Standards due to truck access through the parking area and/or aisles
with an ADT greater than 500. The structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information and approved by the City
Engineer as part of the building site plan review.
Water
32. The Developer shall place potable water and recycled water services and meters at a
location approved by the Deputy City Engineer - Utilities and show said services on
public improvement plans.
33. The Developer shall place sewer laterals and cleanouts at a location approved by the
Deputy City Engineer - Utilities and show the sewer laterals on public improvement
plans.
34. The Developer shall design landscape and irrigation plans for use of recycled water and
submit said plans to the Deputy City Engineer - Utilities for review, comment and
approval.
Standard Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
35. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
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Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 9, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
Developer shall pay its fair share for the “short-term improvements” to the El Camino
Real/Palomar Airport Road intersection prior to approval of the final map or the issuance
of a grading permit, whichever occurs first. The amount shall be determined by the
methodology ultimately selected by Council, including but not limited to, an increase in
the city-wide traffic impact fee; an increased or new Zone 9 LFMP fee; the creation of a
fee or assessment district; or incorporation into a Mello-Roos taxing district.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Segall,
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
tiA& .-
WILLIAM COMPAS, Chairpegon
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOEMIMER
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4739
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
A SERVICE STATION, CAR WASH AND FOOD MART ON
PROPERTY GENERALLY LOCATED AT THE NORTHEAST
SIDE OF AVENIDA ENCINAS, SOUTH OF POINSETTIA
LANE IN LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: CUP 99-15
WHEREAS, K. B. Narain, “Developer”, has filed a verified application with the
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. and
Poinsettia Associates, “Owners”, described as
Parcel 11 of Parcel Map No. 15187, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - L‘L” dated March 15,2000, on file in the Carlsbad Planning
Department, CHEVRON POINSETTIA VILLAGE - CUP 99-15, as provided by Chapters
2 1.42,2 1.50, and 21.208 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
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.
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W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CHEVRON POINSETTIA VILLAGE -
CUP 99-15, based on the following findings and subject to the following
conditions:
FindinPs:
1. 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 specifically permitted in the zone in which the proposed use
is located, in that:
A. The requested use is necessary and desirable for the development of the
community in that the automobile related services are proposed as part of a
community shopping center which provides necessary services to the
surrounding community; and
B. The project is in harmony with various elements of the General Plan in that
the underlying Travel-Recreation/Commercial land use designation ensures
that commercial service uses will be accessible to both the surrounding
community and the traveling public; and
C. The project is not detrimental to existing uses or uses specifically permitted
in the zoue in that the proposed architectural style is consistent and
compatible with the existing shopping center, noise impacts have been
mitigated through the use of a sound wall, visual impacts to surrounding uses
have been reduced through landscaping and screen walls, and the hours of
operation for the car wash and fuel delivery have been restricted to minimize
the impact of the project on both the existing surrounding uses and the
anticipated uses on the adjacent vacant pads.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed structures have been located outside of the sight distance
easement; the internal circulation has been designed to adequately accommodate the
turning movement of fueling trucks and vehicles; an adequate stacking lane has
been provided for the car wash; parking spaces have been provided in close
proximity to the retail area; and all necessary landscaped setbacks, circulation aisles
and parking areas have been provided.
3. That all 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, in that all setbacks required by the C-2 zone and
Commercial/Visitor Serving Overlay Zone have been provided; screen walls have
been provided along Avenida Encinas to partially obscure vehicles; a noise wall is
integrated into the design of the car wash to mitigate any potential noise impact;
and the architectural design has been designed to complement the existing shopping
center.
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4.
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That the street systems serving thk proposed use are adequate to properly handle all
traffic generated by the proposed use, in that the traffic impacts of the proposed gas
station have been previously evaluated in a traffic study for the Poinsettia Village
Shopping Center and the addition of the car wash and food mart will generate an
additional 300 ADT, for a project total of 1,860 ADT, which will not impact the
levels of service of the surrounding roadways and key intersections to an
unacceptable level.
That it is to be developed as part of a master-planned recreation area, industrial park,
regional or community shopping center, in that the location for the gas station was
approved as part of the Poinsettia Village Shopping Center - SDP 82-03(A) and the
additional of the car wash and food mart will provide a needed service for the
surrounding community, tourists, and employees of business and industrial centers.
The proposed project complies with all requirements of Section 21.28.015 for car washes
in C-2 zones in that:
a.
b.
C.
d.
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The car wash reduces visual impacts from surrounding development by
providing a compatible architecture style and screen wall to shield vehicles.
An architecturally compatible noise wall is included to reduce noise impacts
for nearby residential development.
The traffic generated by the proposed use is adequately accommodated by
existing street improvements.
All required parking, screen walls, landscaping and pollution control systems
have been provided.
All signs are conditioned to comply with the approved Poinsettia Village Sign
Program.
Commercial Visitor-Serving: Overlav Findings
7. That the proposed project is adequately designed to accommodate the high percentage of
visitor, tourist, and shuttle bus/alternative transportation users anticipated given the
proposed use and site location within the overlay zone, in that the on-site circulation
system has been adequately designed to accommodate the flow of traffic without
creating conflicts between uses, and an adequate number of parking spaces have
been provided in convenient locations for the various uses associated with the
development proposal.
8. That the building forms, building colors and building materials combine to provide an
architectural style of development that will add to the objective and high quality
architecture and building design within the overlay zone, in that the proposed
contemporary southwest architectural design is complementary to the existing
shopping center and incorporates both the color scheme and design elements of the
existing center.
9. That the project complies with all development and design criteria of the overlay zone, in
that the project complies with the parking requirements, sign allowances, building
height, building setback, building colors/materials, architectural style, landscaping,
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and use and separation requirements of Section 21.208.100 of the Carlsbad
Municipal Code.
~ Conditions:
~ 1. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, SDP 82-03(B), and CDP 99-35 and
is subject to all conditions contained in Planning Commission Resolutions 4737, 4738,
4740 for those other approvals.
2. If, at any time, the City Council, Planning Commission or Planning Director determine
that there has been, or may be, a violation of the findings or conditions of this
Conditional Use Permit, or of the Municipal Code regulations, a public hearing may be
held before the City Council to review this permit. At said hearing, the City Council may
add additional conditions, recommend additional enforcement actions, or revoke the
permit entirely, as necessary to ensure compliance with the Municipal Code and the intent
and purposes of the Commercial Visitor-Serving Overlay Zone, and to provide for the
health, safety and general welfare of the City.
3. This Conditional Use Permit is granted for a period of ten years. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a
reasonable period of time not to exceed ten years upon written application of the
permittee made no less than 90 days prior to the expiration date. The Planning
Commission may not grant such extension, unless it finds that there are no substantial
negative effects on surrounding land uses or the public’s health and welfare. If a
substantial negative effect on surrounding land uses or the public’s health and welfare is
found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
4. 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 substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
5. The hours of operation for the project are approved as follows:
A. Car Wash - 7:00 a.m. until 7:00 p.m.; Monday through Saturday
8:00 a.m. until 6:00 p.m.; Sunday
B. Tank refueling - 8:00 p.m. until 5:00 a.m.; daily
C. Gas station/Food Mart - 6:00 a.m. until 11:00 p.m.; daily
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6. Any future proposal for the retail sale of alcoholic beverages shall be subject to
review by the City of Carlsbad Police Department.
7. This approval is granted only for the sale of ready-to-eat food and canned or bottled
beverages within the food mart Food shall be pre-cooked or prepared at another
location and only heated on the site. No stoves or ovens for the cooking or
preparation of food, nor tableware or dishwashing facilities (other than a standard
sink) shall be permitted. This business shall operate as a take-out business only. No
tables or chairs shall be provided for the consumption of food on the premises. Any
future proposal to locate a hot food/fast food vendor(s) within the food mart shall be
considered an intensification of use and will require an amendment to the
Conditional Uae Permit.
8. All exterior lighting shall be shielded or oriented in such a way so as not to glare on
adjacent properties.
9. All displays and storage shall be contained within the main structure.
10. Trash containers shall be contained within a six-foot high enclosure.
Il. All signs shall be permitted in accordance with the Commercial/Visitor Serving
Overlay Zone as provided in Chapter 21.208 of the Carlsbad Municipal Code and
the approved sign program for Poinsettia Village Shopping Center. The Developer
shall submit an application for a Sign Program Amendment which incorporates the
proposed Chevron signage. The monument sign shall not exceed 4’ in height. The
proposed signs shall be modified so that the total sign area does not exceed 54 sq. ft.,
with the exception that an additional 16 sq. ft. of signage may be permitted on the
monument sign to advertise the price of fuel, in conformance with Section 21.41.074
of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
PC RESO NO. 4739 -5- #J
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000 by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Segall,
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
WILLIAM COMPAS,
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4739 -6- 44
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PLANNING COMMISSION RESOLUTION NO. 4740
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT TO
ALLOW A SERVICE STATION, CAR WASH AND FOOD
MART ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST SIDE OF AVENIDA ENCINAS, SOUTH OF
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 9.
CASE NAME: CHEVRON POINSETTIA VILLAGE
CASE NO.: CDP 99-35
WHEREAS, K. B. Narain, “Developer”, has tiled a verified application with the
City of Carlsbad regarding property owned by Donahue Schriber Realty Group, L. P. and
Poinsettia Associates, “Owners”, described as
Parcel 11 of Parcel Map No. 15187, ih the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, March 28, 1988,
Recorder’s File No. 88-140044
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “L” dated March 15, 2000, on file in the
Planning Department, CHEVRON POINSETTIA VILLAGE - CDP 99-35 as provided by
Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CHEVRON POINSETTIA VILLAGE
CDP 99-35 based on the following findings and subject to the following
conditions:
Findinzs:
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3.
4.
5.
That the proposed development is in conformance with the Mello I Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that the site
designated as a commercial site and is consistent with the LCP Land Use Plan.
The proposal is in conformity with the public access and recreation policies of Chapter
of the Coastal Act in that the project is located outside of the coastal shoreline
development overlay zone. Therefore, compliance with the public access and
recreation policies of Chapter 3 of the Coastal Act is not required.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will
adhere to the City’s Master Drainage and Storm Water Quality Management Plan
and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes
or native vegetation is located on the subject property and the site is not located
an area prone to landslides, or susceptible to accelerated erosion, floods
liquefaction.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map
of the Land Use Plan, certified September 1990 and, Agricultural Conversion
Mitigation Fees are not required in accordance with the provisions of the Coastal
Agriculture Overlay Zone (Chapter 2 1.202 of the Zoning Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 2 1.204 of the Zoning Ordinance).
Conditions:
1. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 2 1.201.2 10 of the Carlsbad Municipal Code.
2. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, SDP 82-03(R), and CUP 99-15 and
is subject to all conditions contained in Planning Commission Resolutions 4737, 4738,
4739 for those other approvals.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
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You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Segall,
and Trigas
NOES: Commissioners L’Heureux and Welshons
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairper&
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
47
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. The City of Carlsbad Planning Department EX”~fy!Jy
A REPORT TO THE PLANNING COMMISSION
Item No. 0 5
Application complete date: November 16, 1999
P.C. AGENDA OF: March 15,200O
SUBJECT: SDP 82-03tBWUP 99-lS/CDP 99-35 - CHEVRON POINSETTIA VILLAGE
Request for a recommendation of approval for a Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, Conditional Use Permit and
Coastal Development Permit; and approval of a Site Development Plan
Amendment, to develop a gas station, car wash, and food mart on a vacant pad
within the Poinsettia Village Shopping Center located on the northeast side of
Avenida Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City’s
Coastal Zone, the Commercial/Visitor Serving Overlay Zone, and Local Facilities
Management Zone 9.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4737, 4739 and
4740 RECOMMENDING APPROVAL of the Negative Declaration, Mitigation Monitoring
and Reporting Program, Conditional Use Permit CUP 99-15, and Coastal Development Permit
CDP 99-35; and Resolution No. 4738 APPROVING Site Development Plan Amendment SDP
82-03(B), based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The applicant is requesting approval of a Site Development Plan Amendment and a
recommendation of approval from the Planning Commission to the City Council for a
Conditional Use Permit and Coastal Development Permit to allow the construction of a gas
station, car wash, and food mart on a 1.14 acre pad within the Poinsettia Village Shopping Center
in the C-2-Q zone in Local Facilities Management Zone 9. Findings required to approve the Site
Development Plan Amendment, Conditional Use Permit, and Coastal Development Permit can
be made, and the project is consistent with the General Plan, the Commercial/Visitor Serving
Overlay Zone, relevant LCP policies, and relevant zoning regulations of the Carlsbad Municipal
Code.
III. PROJECT DESCRIPTION AND BACKGROUND
The subject site is located within the Poinsettia Village Shopping Center as Pad 5, Lot 11
(Attachment 11). The vacant 1.14 acre site was designated for use as an g-pump gas station, as
shown on the approved site plan, in conjunction with the approval of SDP 82-03(A). Since
service bays, a car wash, and food mart were not part of the proposal at that time, a condition was
added which prohibited these uses as part of the gas station approval. Furthermore, at that time
car washes were not permitted in the C-l or C-2 zones. Subsequently, in 1988, Zone Code
SDP 82-03(B)/CUP 99-1KDP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
Page 2
Amendment ZCA 88-l was approved which permitted car washes in the C-l and C-2 zone with
approval of a Conditional Use Permit. The applicant is now requesting an amendment to SDP
82-03(A), in conjunction with a Conditional Use Permit, and Coastal Development Permit, to
allow a 12 pump gas station, a 2,132 square foot food mart, and an 884 square foot car wash on
Pad 5. Service bays are not included in the current proposal and will continue to be prohibited.
The site is located southeast of the signalized intersection at Avemda Encinas and the entrance to
the Lakeshore Gardens Mobile Home Park. The site is bounded on the west by Avenida Encinas
and the mobile home park; on the north and south by vacant pads; and on the east by a parking
lot with the shopping center beyond. Access to the site is via the shopping center entrance road.
The site is relatively flat with no significant vegetation, except for ornamental landscaping within
the front setback area along Avenida Encinas. Grading for the site will consist of minor finish
grading resulting in about 50 cubic yards of export. The proposed building pads are at about the
same level of the existing graded pad which is 3.5 feet above Avenida Encinas. A view corridor
easement is located along the Avenida Encinas frontage of the site to restrict any use which
would obstruct visibility from the main entrance of the project. No structures are permitted or
proposed within the easement area.
The project site utilizes shared parking and access with the shopping center. The site is designed
so that users for the gas station pumps or food mart can easily circulate through the site.
Originally, four parking spaces were shown (and required) in association with the gas station on
Pad 5. The current proposal requires 14 parking spaces based on the new parking requirements
of the Commercial/Visitor Serving Overlay Zone. The 14 required parking spaces have been
located within the gas station site. The overlay zone does not affect the parking requirements for
the existing uses within the shopping center and adequate parking for all existing uses is
currently provided. The parking spaces are located in close proximity to the food mart and the
air/water and vacuum units. The car wash is located parallel to Avenida Encinas, outside of a
required sight distance easement. The car wash stacking lane is designed to accommodate five
vehicles without interfering with the site’s circulation movements.
The buildings and gas station canopy are designed to complement the architecture of the existing
center. The structures feature a mission tile roof, stucco exteriors, decorative arched elements,
pre-cast concrete cornices, and a stucco exterior. The shopping center is currently undergoing a
renovation to repaint the buildings in a new beige/cream tone color scheme with green, mauve,
and golden-yellow accent colors at the tower elements; to upgrade the existing landscaping; and
to revise the existing sign program. These upgrades received administrative approval by the
Planning Department. The proposed beige/cream tones of the Chevron buildings will match the
newly approved shopping center color scheme. The proposed Chevron signs will be reviewed as
part of the comprehensive revision to the existing sign program, rather than as one of the
required elements of the Commercial/Visitor Serving Overlay Zone. The proposed Chevron
signs will not result in an increase over the allowable sign area under the existing sign program.
A noise wall is required to mitigate potential noises impacts fi-om the blowers at the exiting end
of the car wash. The wall has been designed as an extension of the car wash structure and
features an overhead wooden trellis element. In addition, a 2.5 foot high screen wall is located
adjacent to the southerly drive aisle to screen waiting vehicles. Landscape planters are provided
around the perimeter of the site and adjacent to the buildings.
SDP 82-03(B)/CUP 99-l 5/1DP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
Pane 3
The applicant is proposing that the station/market operate daily from 6 a.m. until 11 p.m. and that
the car wash operate daily from 6 a.m. until 8 p.m. However, staff is recommending a condition
(Resolution 4739, (Cond #3) to limit the hours for operation of the car wash and fuel delivery. It
is expected that the placement of the sound wall will mitigate any potential noise impacts from
the car wash. However, staff felt it would be prudent and in the interest of the residents of the
mobile home park to further restrict the hours of operation of the car wash to 7 a.m. until 7 p.m.
Monday through Saturday, and 8 a.m. until 6 p.m. on Sunday. In addition, a restriction is
included limiting fuel delivery to occur only between the hours of 8 p.m. and 5 a.m. daily. This
condition was added based on the potential for a future day care use which may be located on the
vacant pad to the south. By limiting delivery of fuel to hours when children would not be
present, the exposure to a potential spill hazard would be greatly reduced. In addition, with the
restriction in place, fuel deliveries will primarily occur during off-hours for most of the uses
within the shopping center.
The proposed project is subject to the following land use plans, policies, programs, and zoning
regulations:
A. General Plan - T-R/C (Travel-Recreation/Commercial)
B. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including:
1. Chapter 21.208 (Commercial/Visitor Serving Overlay Zone)
2. Chapter 21.28 (General Commercial Zone)
3. Chapter 2 1.42 (Conditional Uses)
4. Chapter 2 1.06 (Qualified Overlay Zone)
C. Site Development Plan SDP 82-03(A)
D. Mello I Segment of the Local Coastal Program, Coastal Development Procedures and the
Coastal Resource Protection Overlay Zone (Chapter 2 1.201,2 1.203, and 2 1.205)
E. Growth Management (Local Facilities Management Zone 9)
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of the regulations/policies utilizing both text and tables.
A. General Plan
The following Table 1 identifies General Plan goals and objectives relevant to the proposed
project and indicates the compliance of the proposal.
SDP 82-03(B)/CUP 99-lS/L’DP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT
Land Use
Circulation
USE, PROPOSED USES & COMPLY?
CLASSIFICATION, IMPROVEMENTS
GOAL OBJECTIVE, OR
PROGRAM
Provide for commercial The site was designated as Yes
uses which serve the travel a gas station site with the
and recreation needs of approval of SDP 82-03(A).
tourists, residents, and The gas station, together
employees of business with the addition of the car
centers and industrial wash and food mart pro-
centers. vide a needed service for
the surrounding residential
and business community
and the traveling public.
Provide an adequate The traffic impacts of an Yes
circulation infrastructure 8-pump gas station have
concurrent with or prior to been previously evaluated
the actual demand for such in a traffic study for the
facilities. Poinsettia Village Shop-
ping Center. The proposal
for an additional 4-pumps,
a car wash, and a food
mart will generate an
additional 300 ADT which
will not impact the levels
of service of adjacent road- ways and key intersections
directly serving the project
to an unacceptable level.
All required roadway
improvements have been
installed with the develop-
ment of the shopping
center.
Noise Control harmful or Sound attenuation meas- Yes
undesirable sounds ures will be incorporated
through the planning and into the project to ensure
regulatory process. that the residential interior
noise levels do not exceed the 45 dBA CNEL noise
standard in the Lakeshore
Gardens Mobile Home
Park.
Open Space & Utilize Best Management The project will conform Yes
Conservation Practices for control of . to all NPDES requirements
storm water and to protect and best Management
water quality. Practices.
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SDP 82-03(B)/CUP 99-ls/CDP 99-35 - CHEVRON POINSETTIA VlLLAGE
March 15,200O
Page 5
Public Safety Design all structures in
accordance with the
seismic design standards
of the UBC and State
building requirements.
Gasoline station canopy
and tanks are designed in
conformance with all
seismic design standards.
Yes
B-l/B-Z/C Commercial/Visitor Serving Overlay Zone / General Commercial Zone /
Site Development Plan SDP 82-03(A)
The project site is located in the C-2 (General Commercial Zone) and the CommerciaWisitor
Serving Overlay Zone. The project is considered a commercial use and compliance with the
Commercial/Visitor-Serving Overlay Zone design and development standards (Chapter 2 1.208)
is required. In addition, the project must comply with the Poinsettia Village development
standards such as architectural design, building color, and sign program requirements which are
contained in the approving resolutions shown as Attachment 9 (CT 81-6(B)/Reso. 2541 and
Attachment 10 (SDP 82-3(A)iReso. 2542). If the Commission approves the development
proposal, new Planning Commission resolution 4738 approving SDP 82-03(B) will supersede
Resolution 2542. In addition, all conditions of approval contained in Resolution 2541 shall
continue to apply, with the exception of a revision to condition ## 21 allowing the additional
pump stations, car wash, and food mart.
The new CommerciaWisitor Serving Overlay Zone standards are more restrictive than the C-2
development standards and parking regulations. The project has been evaluated using the most
restrictive standards. Compliance with these standards is summarized in the table below.
TABLE 2 - DEVELOPMENT STANDARDS
COMPLIANCE SUMMARY TABLE
STANDARD
PARKING (CornmerciaWisitor Serving Overlay Zone)
SIGNS
(SDP 82-03(A)
BUILDING HEIGHT (Commercial/Visitor Serving Overlay Zone)
REQUIRED . 1 spaces per 300 sq. ft. of gross
floor area, plus three additional employee parking spaces.
(14 spaces)
l Sign program allows .6 SF of sign per building frontage
l Signage allowed = 54 SF
(based on 90 1.f. of frontage)
l Pricing signage allowed = 16 SF
l Freestanding sign maximum
height is 4 feet
l Max. 35 foot building height
PROJECT COMPLIANCE
. 14 spaces provided
l Required parking for the
existing shopping center is
unaffected
l Signage proposed = 69.5 SF
l Freestanding sign is 4 feet max.
. Gas Station Canopy: 19’-3”
. Food mart 20’-9”
l Car wash: 16’-11”
SDP 82-03(B)/CUP 99-lS/c‘DP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
Pane 6
BUILDING SETBACKS
(Commercial/Visitor Serving
Overlay Zone)
l 30 foot public street setback l 34 foot setback to parking areas
from Avenida Encinas
. 50 foot or greater setback to
structures from Avenida
Encinas
BLDG. MATERIALWCOLORS
(CommerciaWisitor Serving
Overlay Zone/SDP 82-03(A)
ARCHITECTURAL STYLE
(SDP 82-03(A))
LIGHTING
(SDP 82-03(A))
LANDSCAPING
(CommerciaWisitor Serving
Overlay Zone)
. 10 foot side and rear setback, l Greater than 10 feet to all
may be used as circulation structures from side and rear
aisles for parcels less than 8 property lines; setback areas are
acres utilized as circulation aisles or
are landscaped
l High quality materials . Mission tile roofing/stucco
exterior, pre-cast concrete
architectural accents
. Primary colors cannot dominate l Building design and color is
building consistent with the revised
color scheme approved for the
shopping center
l Architecturally compatible and l Proposed architecture
integrated with SDP 82-03(A) incorporates existing
architectural theme of the center
l Exterior lighting shall not cause l The project is conditioned to
a glare outside the project area. submit a lighting plan for
review by the Planning
Department to evaluate the
proposed exterior lighting and
canopy lighting.
l Freestanding sign landscaping . Freestanding sign landscaping
will be designed to comply with
the Overlay Zone
l Parking lot trees at 1 tree per 6 l Parking lot trees: 3 required; 5
spaces w/minimum of 50% at provided at 100% 24 inch box
24 inch box sixes sizes
l Setback trees at 1 tree per 1000 l Setback trees: existing trees are
SF of calculated setback area located within the front setback
whniuimum of 50% at 24 inch area
box sizes
l Screening of parking spaces, l Screen walls provided to screen
trash enclosures, etc. queued cars along the Avenida
Encinas frontage; trash
enclosure not prominently
visible from adjacent public
streets; roof equipment is
screened by the roof parapet
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SDP 82-03(B)/CUP 99-l%iDP 99-35 - CHEVRON POINSETTIA vTlLLAGE
March 15,200O
SEPARATION STANDARDS
(CommerciaWisitor Serving
Overlay Zone)
. Permitted only on intersections
or “T’s” where streets are
classified as prime, major, or
secondary
. Only one station permitted at a
“T” intersection.
. Minimum lot size must be
15,000 square feet
l Street frontage along the non-
arterial roadway shall be at least
150 feet
l No access permitted on a prime
or major arterial
l No driveway access permitted
within 100 feet of the
intersection
l Fuel delivery circulation system
must be reviewed on a case-by-
case basis
. Avenida Encinas is a major
arterial
. One station proposed at the “T”
intersection
. Lot size is 1.14 acres
l Non-arterial street frontage is
204 feet
l No access proposed or
permitted on Avenida En&as
. Driveway access is located over
180 feet from the intersection
l Fuel delivery circulation system
has been reviewed by
Engineering and Fire
Departments
In addition, specific development standards required by Chapter 21.28 apply specifically to car
washes. Complitice with these standards is summarized in the following table.
TABLE 3 - C-2 ZONE CAR WASH STANDARDS COMPLIANCE
STANDARD
Designed to reduce visual impacts of buildings and waiting
cars from the surrounding development and public streets
Structures shall be architecturally compatible with the
surrounding development
Noise analysis may be required
Traffic study may be required
Provide adequate parking and circulation on-site
Screen waiting cars with a combination of landscaping,
fencing and berming
COMPLIANCE
l Car wash is oriented parallel to Avenida
En&as
. 30” high screen walls are provided to screen
vehicles
l The buildings and gas station canopy have been
designed to be compatible with the shopping
center architectural theme
. A noise study was prepared and a noise wall is
required as a mitigation measure for the car
wash
l The noise wall is designed as an extension of
the car wash and is architecturally compatible
with the overall building design
l A traffic study was prepared for SDP 82-03(A)
which approved the gas station site. The
additional traffic generated by the proposed car
wash and food mart was determined to be
insignificant and a new traffic study was not
required.
. 14 parking spaces are required and provided
. A circulation plan has been submitted showing
adequate vehicle stacking for the car wash and
circulation for fuel delivery trucks and vehicles.
. 30” screen wall is located along Avenida
Encinas
l Existing and new planting will screen vehicles -5+
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$DP 82-03(B)/CUP 99-l 2, iUP 99-35 - CHEVRON POINSETTIA tTlLLAGE
March 15,200O
All signs shall comply with the approved sign program
Provide an adequate means of eliminating grease and oils
from the drainage system
. Proposed signs are consistent with the existing
Poinsettia Village Sign Program
l Developer is required to comply with NPDES
standards and Best Management Practices to
reduce surface pollutants to an acceptable level
nrior tn discharee into the stnrrn drain.
B-3/B-4/B-l Conditional UseVQ” Overlay Zone/Commercial/Visitor Serving Overlay
Zone
A service station and car wash are permitted in the C-2 zone with approval of a conditional use
permit. The “Q” Overlay Zone also requires approval of a site development plan, which in this
instance will consist of an amendment to SDP 82-03(A), in order to permit the four additional
pump stations, food mart, and car wash. Lastly, commercial projects located within the
Commercial/Visitor Serving Overlay Zone require approval of a conditional use permit by the
City Council. The four findings for both the site development plan amendment and conditional
use permit are nearly identical. The required findings with justification for each are summarized
in this section.
1. 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 specifically permitted in the zone in which the
proposed use is located.
Automobile service stations are permitted in the C-2 zone if developed as part of a community
shopping center. The proposed gas station, car wash, and food mart are proposed on a vacant
pad within the Poinsettia Village Shopping Center. The project is consistent with the General
Plan designation in that the Travel Recreation/Commercial land use designation ensures that
commercial service uses will be accessible to both the surrounding community and the traveling
public. The project will not be detrimental to existing uses or to uses specifically permitted in the
area in that a sound wall is incorporated into the project to mitigate any potential noise impacts;
the hours of operation for the car wash and fueling operations will be restricted and enforced
through the conditional use permit to minimize the impact of the project on both the existing
surrounding uses and the anticipated uses on the adjacent vacant pads; the site has been designed
to minimize potential traffic circulation system conflicts; visual impacts are reduced through
landscaping and screen walls; and, the architectural style is compatible with the existing
shopping center.
2. That the site for the intended use is adequate in size and shape to accommodate the use.
The 1.14 acre site is adequate in size and shape to accommodate the use in that the site design
enables unobstructed onsite circulation, fuel delivery circulation, and car wash queuing. Parking
spaces are conveniently provided in close proximity to the retail area and self-service units, and
all necessary landscaped setbacks, circulation aisles, and parking areas have been provided. The
primary access point, located over 180 feet from the intersection of Avenida Encinas and the
entrance driveway, provides a safe point of ingress and egress in accordance with City standards.
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SDP 82-03(B)/CUP 99-lS/iDP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
Page 9
3. That all 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.
Design features necessary to ensure compatibility with the surrounding development have been
incorporated into the project. For example, the architectural style, color and materials of the
buildings are designed to complement the existing shopping center, a noise wall will be provided
to mitigate potential noise impacts from the car wash, screen walls and landscaping are provided
to screen views of vehicles, and the project complies with all of the development standards and
parking requirements of the Commercial/Visitor Serving Overlay Zone and C-2 zone.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
The traffic impacts of the proposed gas station were previously evaluated in a traffic study
prepared for the Poinsettia Village Shopping Center (SDP 82-03(A)). The previous approval
estimated that 1560 ADT would be generated by an 8-pump gas station. The proposed addition
of 4 pump stations, a car wash, and a food mart will generate an additional 300 ADT which will
not impact the levels of service of the surrounding roadways and key intersections to an
unacceptable level. The existing street system is adequate to properly handle the 1860 ADT
generated by the development proposal.
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In addition to the required findings, specific development standards required by Chapter 21.42
apply specifically to service stations. Compliance with these standards is summarized in the
following table.
TABLE 4 - SERVICE STATION STANDARDS COMPLIANCE
STANDARD COMPLIANCE
Located Within Communitv Shonnine Center Yes
Signage Conforms to Sign Ordinance Standards Requires an amendment to the existing sign
Sprinkler system which covers all landscaped areas Required with Landscape Plan submittal.
Delineate maintenance schedule and responsibility Required with Landscape Plan submittal.
for landscanes areas
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SDP 82-03(B)/CUP 99-15/c’DP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
Page 10
D. Mello I Segment of the Local Coastal Program
The project, as proposed, is consistent with all development and resource preservation policies of
the Mello I Local Coastal Program and its implementing ordinances, Chapters 21.201, 21.203
and 2 1.205 of the Carlsbad Municipal Code. The property carries the same commercial/tourist
land use designation as the City’s General Plan and zoning. Therefore, the proposed use is
allowed upon approval of a coastal development permit pursuant to Chapter 21.201. The intent
of the Coastal Resource Protection Overlay and Mello I LCP Segment policies and zoning
(Chapters 21.203 and 21.205) are to provide additional protective regulations. The proposed
development is located on a previously graded pad within an existing shopping center; and no
steep slopes or natural vegetation exist on site.
The applicable regulations of Chapter 21.203 and 21.205 focus on deterring soil erosion and
sedimentation through the provision of adequate drainage facilities and for insuring protection of
the Batiquitos Lagoon watershed. The site has been previously graded and a grading permit is
not required for the finish grading associated with the development proposal. However, the
project is conditioned to comply with the City’s erosion control standards during site preparation
and project construction. Surface runoff from the development will be collected and conveyed
by an existing private storm drain lateral onsite. There is a separate collection system to collect
and contain fuel spills within the canopy area. The project is required to provide drainage area
fees under the City’s Master Drainage Plan. The developer is also required to comply with
NPDES standards and Best Management Practices to reduce surface pollutants to an acceptable
level prior to discharge into the storm drain.
E. Growth Management
The proposed project is located within Local Facilities Management Zone 9 in the southwest
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in the table below.
TABLE 5 - GROWTH MANAGEMENT
SDP 82-03(B)/CUP 99-1XDP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
V. ENVIRONMENTAL REVIEW
The initial study (EIA-Part II) prepared in conjunction with this project determined that the
project would not have a significant impact on the environment. The project site is part of the
Poinsettia Village Shopping Center (SDP 82-03(A)) and was specified for development as a gas
station with 8 pump stations. The site was analyzed in a traffic study prepared in September
1985 by Len Schatzmann, P.E. Subsequently, Urban Systems reviewed the proposed addition of
4 pumps, a car wash, and a food mart to determine if an updated traffic analysis would be
required due to changes in anticipated traffic. The report stated that an additional 300 trips
would be generated by the proposal. Based on the Regional Traffic Impact Study Guidelines,
this small increase in traffic was not significant enough to warrant a new traffic study for the
proposed project. The proposed project will generate a total of 1,860 ADT.
The project falls within the scope of the City’s MEIR for the City of Carlsbad General Plan
Update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding
Considerations was adopted for cumulative impacts to air quality and traffic. The City has
received its annual Growth Management Traffic Monitoring Report. The Report has recorded an
unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El
Camino Real (ECR) during both the a.m. and p.m. peak hours. A mitigation measure has been
identified which, if implemented, will bring the peak hours LOS into the acceptable range. The
mitigation measure involves construction of two dual right mm lanes - northbound to eastbound
and westbound to northbound. This project has been conditioned to pay its fair share of the
intersection “short-term improvements” thereby, guaranteeing mitigation to a level of
insignificance.
Compliance with the California Health and Safety Code 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 insignificance. Engineering and Fire Department review of
the project will ensure that typical safety features and provisions are designed into the project.
A noise assessment was prepared for the project to analyze the noise level forecast for the car
wash and its impacts on the nearby sensitive land uses. Residences within the Lakeshore
Gardens Mobile Home Park will be exposed to noise from the car wash operation, including the
dryer/blower and vacuum, during the proposed hours of operation. In order to reduce these noise
levels below a level of significance, a 9 foot high barrier (sound wall) will need to extend 15 feet
out from the south end of the car wash. With the noise barrier in place, residences directly to the
south of the car wash exit opening will experience worse case exterior noise levels of 52 dBA,
which is below the City’s 55 dBA exterior noise standard. Interior noise levels are not expected
to exceed a worse case of 40 dBA (in a windows open condition) which is below the City’s 45
CNEL interior noise standard. The noise wall will be located outside of the front setback area,
and outside of the sight distance easement. The wall has been designed so that it is
architecturally compatible with the design of the car wash in that it appears as an architectural
extension of the building and vines will be planted against the wall face.
In consideration of the foregoing, on February 4, 2000, the Planning Director issued a Mitigated
Negative Declaration for the proposed project. The environmental document was noticed in the
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SDP 82-03(B)/CUP 99-ls/CDP 99-35 - CHEVRON POINSETTIA VILLAGE
March 15,200O
newspaper and no public comments were received during the 30 day public review and comment
period.
ATTACHMENTS:
1. Planning Commission Resolution No. 4737 (Mitigated Neg. Dec.)
2. Planning Commission Resolution No. 4738 (SDP)
3. Planning Commission Resolution No. 4739 (CUP)
4. Planning Commission Resolution No. 4740 (CDP)
5. Location Map
6. Disclosure Form
7. Background Data Sheet
8. Local Facilities Impact Form
9. Planning Commission Resolution No. 2541(CT 81-6(B)iPUD-94)
10. Planning Commission Resolution No. 2542 (SDP 82-3(A))
11. SDP 82-03(A) Site Plan
12. Reduced Exhibits “A’‘-“L”, dated March 15,200O
BK:cs:mh
59
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications which will require I
discretionary action on the part of the City Council or any appointed Board. Commission or Committee. /
The followin,o information MUST be disclosed at the time of appiication submittal. Your prqiect cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual. firm, co-partnership, joint venture. association. social club. fraternal
organisation. corporation. estate, trust. receiver, syndicate. in this and any other county, city and counr);. C;Q
municipaliy, district or other political subdivision or any other goup or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and properry owner must br
provided below.
I. APPLICXST (Not the applicant‘s agent)
Provide the COYIPLETE. LEGAL names and addresses of u persons having a financial
interest in the application. If the applicant includes a coruoration or oannershio. include the
names. title. addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLE.YSE INDIC.ATE NON-
APPLICABLE (N/A) IN THE SPPrCE BELOW If a publiclv-owned coroorarion. include the
names. titles. and addresses of the corporate officers. (A separate page ma\’ be attached if
necessac.)
Prrson K.B. Narain CorpiPan Ragini Narain
Title Title
Address P-0. Box 1918 Address P-0. SOX 1918
Ranch0 Santa Fe, CA 92067 Ranch0 Santa Fe, CA 92067
‘) -. OWNER (Not the owner’s agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership
interest in the property involved. Also. provide the nature of the legal ownership (i.e.
partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a
coruoration or oarmershio. include the names. title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES.
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corooration. include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessav.)
Person N/A(& i&u*&\5 w &C & IO*iO) co-T7Pan Donahue Schriber Realty
Title Title Group; L.P.
Address Address 3501 Jamboree Road #301
Newport Beach, CA 92660
(&rg7%)
2075 Las Palmas Dr. * Carlsbad, CA 92009-l 576 - (760) 438-1161 - FAX (760) 438-0894 &@j
by of
DISCLOSURE STATEMENT
Applicant‘s statement or disclosure of certain ownership interests on all applications which will require 1
discretionary action on the pan of the City Council or any appointed Board. Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city
municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
I. APPLICANT (Not the applicant’s agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having a financial
interest in the application. If the applicant includes a corporation or uartnership. include the
names. title. addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. include the
names. titles. and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person see previous sheet CorplPart
Title Title
Address Address
7 w. OWNER (Not the owner’s agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e.
partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a
corporation or pannershi~. include the names. title. addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names. titles. and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person N/A(vo ;Wd;vibdj om *WC iL IO%) Co~/pa~ Poinsettia Associates, A CalTZornia G eneral P Title Title c/o Jane Murtha artnership
Address Address P l 0 l Box 410735 St. Louis, Missouri 63151
(owns 3%) ’
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-11610 FAX (760) 438-0894 Lb
NON-PROFIT C - .iNIZATION OR TRUST
If any person identlrled pursuant to (1) or (2) above is a nontxofit oreanization or a trust. Itsr IIW
names and addresses of ANY person serving as an officer or director of the non-proti!
organization or as trustee or beneficiary of the.
Non Profit/Trust N/A Non Profit/Trust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with an>’ member of Cit\. staff.
Boards. Commissions, Committees and/or Council within the past twelve (12) months?
cl Yes u .X No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
1 certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant’s agent if applicable/date
y\n he\& hco~~: \rrw %e:c\<,~t Q.E.T.~. L&y iL
Print or type name of owner/applicant’s agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 0
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BACKGROUND DATA SHEET
CASE NO: SDP 82-03BKUP 99- 1 YCDP 99-35
CASE NAME: Chevron Poinsettia Village
APPLICANT: K. B. Narain
REQUEST AND LOCATION: Develonment of a service station. car wash, and a 2.100 sauare
foot food mart on a me-graded in-fill lot located within the Poinsettia Village Shonuing Center on
the northeast side of Avenida Encinas. south of Poinsettia Lane.
LEGAL DESCRIPTION: Parcel 11 of Parcel Map No. 15 187, in
the Citv of Carlsbad. Countv of San Diego, State of California. filed
in the Office of the Countv Recorder of San Diego Countv, March 28,
1988, Recorder’s File No. 88-140044
APN: 2 14-43 O-23 Acres: 1.14 Proposed No. of Lots/Units: 1
GENERAL PLAN AND ZONING
Land Use Designation: T-R/C (Travel-Recreation Commercial/Communitv Commercial
Density Allowed: N/A Density Proposed: N/A
Existing Zone: C-2-O - General Commercial -0 Overlav Zone Proposed Zone: N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Site
Zoning
C-2-Q
Land Use
Vacant
North
South
C-2-Q
C-2-Q
Vacant .
Vacant
East C-2-Q
West RMHP
Poinsettia Village
Shopping Center
Lakeshore Gardens
Mobile Home Park .
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 1.2
ENVIRONMENTAL IMPACT ASSESSMENT
w Mitigated Negative Declaration, issued Februarv 4.2000
cl Certified Environmental Impact Report, dated
Ll Other,
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CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Chevron Poinsettia Village SDP 82-03B/CUP 99-l S/CDP 99-35
LOCAL FACILITY MANAGEMENT ZONE: 9 GENERAL PLAN: T-R/C
ZONING: C-2-O
DEVELOPER’S NAME: K. B. Narain
ADDRESS: P. 0. Box 1918 Ranch0 Santa Fe, CA 92067
PHONE NO.: 619-756-1831 ASSESSOR’S PARCEL NO.: 214-430-23
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.14 acres
ESTIMATED COMPLETION DATE:
A.
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City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADT =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided =
Schools:
Sewer: Demands in EDU
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
Not Annlicable
Not Apulicable
1.2 EDU
Not Anplicable
Not Annlicable
Batiauitos Watershed
1860 ADT
Stations 2 and 4
Not Aonlicable
Not Aonlicable
1.2 EDU
Not Aunlicable
264 GPD
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PLANNING COMMISSION RESOLUTION NO. 2541
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDED TENTATIVE TRACT MAP AND A NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF POINSETTIA LANE AND AVENIDA ENCINAS. APPLICANT: POINSETTIA VILLAGE CASE NO: CT 81-6(B)/PUD-94
WHEREAS, a verified application for certain property to
wit: Portions of Sections 28 and 29, Township 12 South, Range
4 West, San Bernardino Meridian,
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, the Planning Commission did, on the 26th day of
March, 1986, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES CT 81-6(B)/PUD-94, based on the following findings and subject to the following conditions:
Findings:
1) The project is consistent with the City's General Plan since the proposed commercial development is consistent with the Community Commercial designation as indicated on the Land Use Element of the General Plan.
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2) The applicant is by condition, required to pay any increase i public facility fee, or new construction tax or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This wil ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
3) The site is physically suitable for the type and intensity of the development since the site is adequate in size and shape accommodate commercial development'as conditioned at the intensity proposed.
4) The project is consistent with all City public facility pol- icies and ordinances since:
a)
b)
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d)
The Planning Commission has, by inclusion of an condition to this project, ensured that the final map wil not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits ma 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 1 remains available, and the Planning Commission is satisfi 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.
td
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 fe 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.
Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
5) This project will not cause any significant environmental impacts and has undergone previous environmental review, therefore the the Planning Director has issued a Notice of Prior Compliance on February 1, 1986 and approved by the Planning Commission on February 26, 1986.
6) The additional mitigating measures added to the circulation system as discussed in the staff report will ensure safe access to and from the project.
Conditions:
1) The approval shall supercede and replace all approvals and conditions in Resolution No. 2180 (CT 81-6(A)).
PC RESO NO: 2541 2 II
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Approval is granted for CT 81-6(B)/PUD-94, as shown on Exhibits "A" - "C" dated March 18, 1986 and "D" - "R" dated February 6, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision.
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 note shall be placed on the final map.
This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated October 7, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void.
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.
Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983.
The applicant shall establish an owners association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval.
A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
All landscaped areas shall be maintained by the owner/developer in a healthy and thriving condition, free from weeds, trash, and debris.
/p&SO NO 2541 ' . : 3
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All parking lot trees shall be a minimum of 15 gallons in size.
Areas adjacent to Avenida Encinas shall be have undulated berms and heavy landscaping to provide a screen for automobiles parked at the shopping center.
A specific sign program for this development shall be designed in conformance with the sign program originally approved for this site (SDP 82-3) and shall require approval of the Planning Director prior to approval of the final map. All signs proposed for this project shall comply with the approved sign program and shall require review and approval of the Planning Director prior to installation of such signs.
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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
Buildings shall be constructed in such a manner to support any roof loads necessary to provide adequate screening and shielding of roof appurtenances.
Exterior lighting shall be a type so as not to make visible a direct light source or cause glare outside the project area. Proposed light fixtures shall be subject to review to assure compatibility with the architectural scheme of the total development.
The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District.
Approval of Tentative Tract No. CT 81-6(B) is granted subject to approval of Non-residential Planned Unit Development No. 94 and Site Development Plan No. 82-3(A).
Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color.
PC BESO NO. 2541 4
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Pad #I, as shown on Exhibit "B", dated March 18, 1986, shall be utilized for office, banks, and savings and loan institute uses only. This pad may be utilized for retail uses if the drive-thru is eliminated and approval is granted by the Planning Director. Pads #2 and #3 may be utilized for drive-thru restaurants. Pads #4 and #6 may be utilized for a restaurant use without a drive-thru facility, or office, or retail commercial use subject to approval of the Planning Director. Pad X5 may be utilized for six gasoline
pumps r a cashier's booth, and a small office/supply area. Service bays, car wash facilities and mini-marts are specifically prohibited as a part of this approval.
Buildings. l-6 shall be designed to be architecturally compatible and intregrated with SDP 82-3(A). Building design and landscaping for these structures shall be approved by the Planning Director and presented to the Planning Commission as an information item.
All compact stalls shall have a mininimum dimension of 8' x
15'.
Before obtaining a final map or building permits, whichever occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by the City Council prior to July 20, 1986; (b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies with City Council Ordinance No. 9791.
The applicant shall provide four additional parking spaces or reduce the gross building square footage by 800 square feet.
Approval of SDP 82-3(A) shall run concurrently with the approval of CT 81-6(B)/PUD-94.
Engineering Conditions:
27) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
28) The grading for this project is defined as "controlled grad- ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate'site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of #the Carlsbad Municipal Code.
$'iESO NO 2541 . 5
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Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a con- tour map which represents both the pre and post site grad- ing. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a per- manent record.
No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
The applicant shall hydroseed all vacant lots and slopes with an approved seed mix, as approved by the Planning Director. This seed mix, and application note shall be placed on the approved grading plan.
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Additional drainage easements and drainage structures shall be provided or installed as may be required by the the City Engineer. Prior to approval of final map, the applicant shall receive approval to the satisfaction of the City Engineer of relocation of storm drain and abandonment of easements across Lot 1 and Lot 2 of this project.
The developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project.
Prior to final map approval, the applicant shall apply for and receive approval of a street vacation of Loganberry Drive. This access shall be realigned, including sewer, water, drainage, etc. to a private access to be maintained by the property owners in perpetuity. A note delineating this responsibility (maintenance) shall be placed on the final map.
Prior to final map approval a reciprocal access, parking and drainage easement shall be established across all lots in the subdivision.
Should the applicant not receive approval of a street vacation of Loganberryrive, or the storm drain relocation, this plan shall be revised to incorporate the public street into this design and shall return to the governing body for approval of an amendment to this plan.
The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated.
Prior to final map approval, the applicant shall establish a view corridor easement to restrict any use which would obstruct visibility from the main entrance to this project (across from the Lake Shore Gardens Mobile Home Park) to the most southerly access of this project, as shown on Exhibit "A" and approved by the City Engineer.
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C RESO NO. 2541
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Direct access rights for all lots abutting Avenida Encinas, except the existing points of access as shown on Exhibit "A" shall be waived on the final map.
Lots 8, 9 and 11 shall take access from the specific openings shown on the tentative map for this project. (250' northerly from centerline of Avenida Encinas.)
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of. the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
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Private access roadway, parking lot, and drive.
Sewer, water, storm drainage system (including relocation) to serve this project.
Public improvements along the project frontage of Avenida Encinas (secondary arterial standards) including widening, relocation of curb, gutter and sidewalk, drainage inlets and utilities and replacement of damaged improvements as required by the City Engineer.
Traffic signals including but not limited to Poinsettia Lane and Avenida Encinas and the entrances to this development as required by the City Engineer.
Adequate warning signs and lights, a dedicated view corridor, and acceleration/deceleration lanes and restricted median design. All to provide maximum safe entrance to and exit from this site, and the Poinsettia Village Mobile Home Park.
The main entrance to this project (across from the main entrance to Lakeshore Gardens) shall be 48 feet wide, curb to curb. Design of this entrance shall be approved by the City Engineer.
The left turn pocket into the main entrance shall be reconstructed to increase capacity, as required by the City Engineer.
The northerly entrance to this project shall be right turn in/right turn out when the City Engineer determines that a hazard to vehicles on Avenida Encina exists. (A note to this effect shall be placed on the final map.) The applicant shall design and post necessary security to guarantee reconstruction of the median to prohibit left turns into this site. When the City Engineer determines the median shall be closed, a full median shall be constructed.
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The interim left turn entrance (northerly entrance) shall be designed to allow only left turns into this site, as shown on exhibit B dated March 21, 1986, as approved by the City Engineer.
Reimbursement agreements shall be available for the traffic signal at Poinsettia Lane and Avenida Encinas. The developer's portion of this signal shall not exceed 25%.
Improvements listed above shall be constructed within 12 approval, whichever occurs first.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan.
The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street
system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT, at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards.
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.
The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Stan- dards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings.
The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
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The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of any grading or building permit for this project. The design of all private streets shall conform to City of Carlsbad standards of public streets. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project.
The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer.
All plans, specifications, and supporting documents for the improvements of this project shall he signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards.
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I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY (Name of Engineer) Date:
R.C.E. NO. #
The developer shall provide the City with a reproducible 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 improvement plan submittal.
Approval of this tentative tract map shall expire twenty- four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions.
Pursuant to the provisions of Section 20.20.050(l) of the Carlsbad Municipal Code, a parcel map may be filed in lieu of a final map. Whenever reference is made in these conditions to a final map, the reference shall apply also to a parcel map filed in lieu thereof.
Prior to approval of improvement or grading plans for this development, the developer shall obtain specific inspection of existing sewer, water, and storm drain facilities. Repair and or replacement shall be provided as required by the Public Works Inspector, or agency of service.
Fire Department
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71) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal.
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The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
Fire retardant roofs shall be required on all structures.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction.
Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas.
Prior to issuance of building permits, the developer shall provide the Fire Department with a 500' scale map showing streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block.
Parks and Recreation
79) The following sizes of trees shall be planted along the Interstate 5 frontage:
30% 15 gallon Eucalyptus (species) 70% 5 gallon Eucalyptus (species)
80) The following sizes of trees shall be planted along the Avenida Encinas frontage:
50% 24" box Melaleuca Leucadendra 50% 36" box Melaleuca Leucadendra 15' high Arecastrum Romanzoffianum
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i&O NO 2541 . 12
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of March, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith and Holmes.
5 NOES: Commissioner Hall.
6 ABSENT: None.
7 ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
11 kTTEST:
12 &A.&&J&
--,UIICHAEL J. HOk?+IILLER!-1 I;J IP LANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 2542
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO SITE DEVELOPMENT PLAN NO. 82-3, TO CONSTRUCT A COMMERCIAL SHOPPING CENTER ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF POINSETTIA LANE AND AVENDIA ENCINAS. APPLICANT: POINSETTIA VILLAGE CASE NO: SDP 82-3(~)
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 on the 26th day of March, 1986,
considered said request on property described as:
Portions of Sections 28 and 29, Township 12 South, Range 4 West, San Bernardino Meridian.
WHEREAS, at said 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 Site
Development Plan No. 82-3(A).
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 hearing, the Commission APPROVES SDP 82-3(A), based on the following findings and subject to the following conditions:
Findings:
1) The project is consistent with the City's General Plan since the proposed commercial development is consistent with the community commercial designation as indicated on the Land Use Element of the General Plan.
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The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate commercial development at the density proposed.
The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate condition to this project, has ensured that building permits may 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.
b) All necessary public improvements have been provided or will be required as conditions of approval.
cl 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.
d) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad.
This project will not cause any significant environmental impacts and has undergone previous environmental review, therefore the the Planning Director has issued a Notice of Prior Compliance on February 1, 1986 and approved by the Planning Commission on February 26, 1986.
The applicant is by condition, required to pay any increase public facility fee, or new construction tax or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This wil ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
The additional mitigating measures added to the circulation system as discussed in the staff report will ensure safe access to and from the project.
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PC PESO NO. 2542 -2- 79
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( Conditions:
1) Approval is granted for SDP 82-3(A), as shown on Exhibits @@A" _ IC", dated March 18, 1986, and Exhibits "D" - "R" dated February 6, 1986 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
2) 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.
3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated October 7, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid
as promised, this application will not be consistent with the General Plan and approval for this project shall be void.
4) Approval of Site Development Plan No. 82-3(A) is granted subject to approval of Tentative Tract Map No. 81-6(B).
5) Site Development Plan No. 82-3(A) is subject to all of the conditions of approval of CT 81-6(B).
6) Before obtaining a final map or building permits, whichever occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by the City Council prior to July 20, 1986; (b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition
complies with City Council Ordinance No. 9791.
7) Approval of SDP 82-3(A) shall run concurrent with the approval of CT 81-6(B)/PUD-94.
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PC RESO NO. 2542 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the Planning Commission of the City of Carlsbad, California,
held on the 26th day of March, 1986, by the following vote,
to wit:
AYES: Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith and Holmes.
6 NOES: Commissioner Hall.
7 ABSENT: None.
8 ABSTAIN: None.
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12 ATTEST:
CLARENCE SCHLEHUBER, Chairman‘ CARLSBAD PLANNING COMMISSION
MICHAEL J.
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EXHIBIT 5
5. SDP 8263/BVCUP 99.1YCDP 99-35 CHEVRON POlNSElTlA VILLAGE - Request for
a recommendation of approval for a Mitigated Negative Declaration, Mitigation Monitoring
and Reporting Program, Conditional Use Permit and Coastal Development Permit; and
approval of a Site Development Plan Amendment, to develop a gas station, car wash, and
food mart on a vacant pad within the Poinsettia Village Shopping Center located on the
northeast side of Avenida Encinas, south of Poinsettia Lane in the C-2-Q zone, within the
City’s Coastal Zone, the Commercial/Visitor Serving Overlay Zone, and Local Facilities
Management Zone 9.
Assistant Planning Director, Gary Wayne introduced agenda item #5. He stated that the Commission’s
action on this item is not final. It is advisory because the project is within the commercial overlay zone that
requires City Council action. Mr. Wayne introduced Associate Planner Barbara Kennedy who presented
the staff report as follows: The applicant is requesting approval of a Site Development Plan Amendment,
Conditional Use Permit and Coastal Development Permit, to allow finish grading and construction of a gas
station, food mart and car wash located on a vacant lot within the Poinsettia Village Shopping Center. The
vacant pre-graded site is located across from Lakeshore Gardens Mobile Home Park, southeast of the
signalized intersection at the entrance to the Mobile Home Park and shopping center. Avenida Encinas
borders the site on the west, vacant pads are located to the north and south, and the parking lot with
shopping center is to the east. The site is relatively flat and contains existing trees and landscaping along
the Avenida Encinas frontage. A view corridor easement is located along the Avenida Encinas frontage of
the site to restrict any structures that would obstruct visibility from the main entrance of the project.
The site is zoned C-2-Q with a General Plan designation of Travel-Recreation/Commercial. The site is
located in the new Commercial/Visitor Serving Overlay Zone and the Mello I segment of the Coastal
Overlay Zone. The site was previously designated as a gas station site as part of the approval for the
Poinsettia Village Shopping Center, however the original approval did not include the car wash or food
mart, therefore an amendment to the Site Development Plan is required. In addition, the project requires
approval of a Conditional Use Permit for the service station and car wash. The project requires City
Council approval because it is located in the Commercial/Visitor Serving Overlay Zone. Therefore, the
Planning Commission will take final action on the Site Development Plan and the Commission’s
recommendation for the Conditional Use Permit, Coastal Development Permit and Mitigated Negative
Declaration will be forwarded to the City Council.
The project consists of a 12-pump gas station, a 2,132~square foot food mart and an 884~square foot car
wash. 14 parking spaces are required for the proposal. 14 parking spaces have been provided on the
site. Access to the site is on the south side of the primary entrance of the shopping center, east of the
signalized intersection at Avenida Encinas. No direct access is permitted or proposed on Avenida
Encinas. The circulation pattern has been designed to allow vehicles to easily circulate throughout the
site. Stacking for five (5) vehicles has been provided at the car wash entrance. A view easement is 9 >-
PLANNING COMMISSION March 15,200O Page 9
located along the Avenida Encinas frontage and no structures are permitted within this area. A two and a
half foot high screen wall is located adjacent to the car wash stacking lane to screen waiting vehicles.
A noise study was prepared to analyze the noise impacts of the proposed car wash on the Lakeshore
Gardens Mobile Home Project. In order to mitigate noise to an acceptable level, a nine-foot high 15foot
long, noise wall is required at the exiting end of the car wash, to diminish the noise from the blowers. The
noise wall has been designed to blend in with the architectural design of the car wash. The food mart, car
wash and gas station canopy have been designed to compliment the existing architectural theme for the
shopping center. The buildings feature design elements such as mission tile roof, arched recesses and
precast concrete cornices. The building will have a stucco exterior, which will be painted to match the
new color scheme for the center. The height of the food mart is 20’-9”. The height of the gas station
canopy is 19’-3”. The car wash is 16’-11” in height. The required noise wall is located on the exiting end
of the car wash and appears as an extension of the car wash structure.
Ms. Kennedy advised the Commission that numerous telephone calls had been received from the
residents of the Lakeshore Gardens Mobile Home Park, who are opposed to the project. Two letters were
received from Lakeshore Gardens Mobile Home Park residents outlining the issues of concern. On
Saturday, March 11, 2000 a meeting was held to discuss the project. The applicant presented the project
to the Association and the Association had an opportunity to raise their issues. The residents were
concerned about fumes and how the fumes might affect a proposed day care center south of the gas
station. Staff has only received a preliminary review for the proposed day care center. No formal
application has been submitted.
In regard to fumes, the gasoline fumes are contained in a vacuum assist device, which returns fumes to
the underground storage tanks to be hauled away by the refueling trucks. Fueling stations are highly
regulated and the developer will need to obtain a permit and comply with all of the regulations of the Air
Pollution Control District and County Health Department.
A noise study has been prepared, which requires a noise wall to be placed at the exiting end of the car
wash to mitigate the sound of the blowers. The noise wall will mitigate noise levels experienced by the
residents to less than a 55 dBA CNEL exterior noise level and less than an 45 dBA CNEL interior noise
level, which is consistent with the City’s noise policy. In addition, Staff is recommending a restriction on
the hours of operation of the car wash from 7 a.m. to 7 p.m. Monday through Saturday and 8 a.m. to 6
p.m. on Sunday.
Ms. Kennedy stated that residents were concerned about the effects of MTBE, which is a gasoline
additive, found to be a ground water contaminate. The Governor has signed legislation, which will phase
out MTBE by December 31, 2002. The fuel tanks and piping systems are constructed Gith double walls,
with a sensing device between the walls. If a leakage occurs, the sensors will shut down the station for
fueling. Any leakage will be contained within the 2 walls of the tanks and will not be released into the soil.
Exposed water going into the sewer system also needs to be free of contaminates and the project is
required to obtain and comply with a NPDES permit.
No alcohol sales are proposed at this location. Any future proposal for an ABC license would require
approval by the Police Department.
Residents expressed considerable concern regarding traffic issues. A traffic study was prepared for the
previous approval, which included an 8-pump gas station. The Engineering Department reviewed the
previous traffic study. When the traffic study was prepared the ADT for shopping centers was calculated
at 80 trips per 1,000 square-feet. Current SANDAG traffic generation rates, show shopping centers as
generating 70 trips per 1,000 square feet. Based on current calculations, the projected traffic for the
center would be approximately 2,000 less trips than originally anticipated. The 4 pumps, car wash and
food mart only generate an additional 300 ADT, which is under the threshold to warrant a new traffic
study. Three areas are looked at when analyzing traffic impacts. 1). Are the road segments adequate to
handle the amount of traffic generated by the land uses? This project is adjacent to Avenida Encinas,
which is designated as a secondary arterial and is projected to handle the anticipated traffic volumes. 2.)
The design of the intersection is reviewed. The signalized intersection at the entrance of the shopping
center was originally designed to handle a gas station. The project now has a projected increase in ADT,
because of the food mart, car wash and additional pumps. The intersection was designed with an
adequate factor of safety of LOS B to serve the Poinsettia Village Shopping Center. 3). Site circulation is
analyzed. The entrance to the gas station is more than 180 feet from the intersection and exceeds the
PLANNING COMMISSION March 15,200O Page 10
minimum design standard of 100 feet. The parking lot and drive aisles contain sufficient widths to
accommodate the anticipated vehicular movements as shown on the circulation site plan. Stacking for
five vehicles is provided for the car wash. Ms. Kennedy stated that the General Plan supports land uses,
which are close to areas of demand. It reduces the number of trips outside the area and incrementally
improves traffic at impacted intersections. The proposed use will provide a needed service for the
surrounding residential community, the business community and the traveling public. Ms. Kennedy
outlined the changes and corrections in the Errata Sheet dated March 15, 2000 in detail.
Ms. Kennedy stated that the project has been analyzed for consistency with applicable polices and
regulations. The proposed land use is consistent with the General Plan and the site was designated for
use as a gas station by SDP 82-03A for the Poinsettia Village Shopping Center. The project has been
designed to comply with the C-2 Zone and CommercialNisitor Serving Overlay Zone development
standards, regarding parking, signs, building height, setbacks, architecture, lighting, landscaping and
separation standards. The project is subject to the previous conditions of approval for Poinsettia Village
Shopping Center. These conditions relate primarily to architectural design and signage. The building has
been designed to be architecturally compatible with the Shopping Center. The project has been
conditioned to submit an amendment to the Shopping Center sign program for the proposed gas station
signs. The project requires approval of a Conditional Use Permit for the service station and car wash and
approval of an amendment to the Site Development Plan. The findings required by the SDP and CUP
ensuring compatibility of the use to the site and neighborhood and ensuring adequacy of the roadway can
be made. The Conditional Use Permit ordinance includes specific standards that apply to service stations.
These standards permit gas stations to be located within a shopping center and regulates signs, lighting,
outdoor storage, display and landscaping. The projects compliance with these standards is summarized
in table 4 of the staff report. .
The site is located in the Mello I segment of the Coastal Overlay Zone and as proposed is consistent with
the development and resource preservation policies which focus on deterring soil erosion and
sedimentation through the provision of adequate drainage facilities and for ensuring protection of the
Batiquitos Lagoon watershed. The project is subject to the Growth Management requirements of Zone 9
with regard to the 11 public facilities performance standards. The project is in compliance with the
applicable standards. The initial environmental study prepared for the project determined that the project
would not have a significant impact on the environment. The Negative Declaration was routed to the State
Clearinghouse and distributed to interested agencies. No comments were received during the review
period. Based on the findings that no significant environmental impacts would occur as a result of the
project, the Planing Director issued a Mitigated Negative Declaration on February 4, 2000. The Mitigation
Monitoring and Reporting Program has been incorporated into the project approval. Because the project
meets all of the findings for approval Staff recommends that the Planning Commission adopt the attached
Resolutions, approving SDP 82-03(B) and recommending approval to the City Council for the Mitigated
Negative Declaration, CUP 99-l 5, and CDP 99-35.
Commissioner Segall requested clarification on the interior and exterior noise ratings.
Ms. Kennedy explained that the City required that interior noise levels be mitigated to 45 dBA CNEL,
which is approximately the sound of a refrigerator. Assuming that many of the mobile homes were without
air conditioners and windows closed condition would prevail, the noise level mitigation on this project was
a windows open condition. The exterior noise levels would not exceed 55 dBA CNEL, which is
approximately between normal speech at 3-feet, which is 60 dBA CNEL and a dishwasher, which is 50
dBA CNEL.
Commissioner Segall asked what would happen, if after the project were built, the noise levels exceeded
the acceptable levels.
Ms. Kennedy responded that, if complaints were received regarding the noise levels, a monitor from Code
Enforcement would be sent out to check and measure the noise levels at various times during the day.
One of the conditions of approval is, if the project exceeds the allowable noise level, additional conditions
would be added.
Commissioner Segall wanted clarification regarding the operation of the car wash.
Ms. Kennedy stated that the car wash was a self-serve car wash, and suggested that the applicant could
better address the operation of the car wash.
-
PLANNING COMMISSION March 15,200O Page 11
Commissioner Segall requested further information regarding the signage for the gas station.
Ms. Kennedy explained that a pole sign would not be permitted on the project. Pole signs are only
allowed for freeway service facilities, which are located no more that 660 feet from the apex of a freeway.
Commissioner Welshons asked if the project goes to City Council with the Commission’s approval, what
can’t be done once it goes to City Council.
Ms. Kennedy stated that the approval of the Site Development Plan would validate that a car wash, food
mart and the additional 4 gas pumps are appropriate for this site. The City Council will be reviewing the
Conditional Use Permit and the compatibility of those uses with the surrounding neighborhood.
Commissioner Welshons commented that if the Commission decided that any of the aforementioned items
were not wanted on this site, it needs to be determined by the Planning Commission now.
Ms. Kennedy responded in the affirmative.
Commissioner Welshons asked for clarification regarding how patrons would pay for the service.
Ms. Kennedy said that the applicant could best address that question.
Commissioner Welshons asked if the traffic study conducted 16 years ago was reflective of the current
traffic situation.
Ms. Kennedy explained that the entire Poinsettia Properties project was anticipated as office use 16 years
ago, which would have generated a higher traffic count than the residential use of this project.
Commissioner Welshons asked if office traffic generated peak hours of traffic, i.e. arriving at and leaving
from work.
Ms. Kennedy noted that residents were also going to and from work and therefore would have peak hours
that corresponded with the office use hours.
Commissioner Welshons asked what percentage of the traffic would be impacting the intersection of
Paseo del Norte and Poinsettia vs. those going out to Avenida Encinas.
Commissioner Welshons asked about the kitchen and sitting area.
Ms. Kennedy stated that the applicant would give a detailed description of what happens within the food
mart and noted that the Errata Sheets states that the sitting area will be eliminated. The kitchen area is a
re-heating and cool storage area only.
Commissioner Welshons asked who would be operating the vacuum cleaning area slots.
Ms. Kennedy stated that it was for the patron’s use exiting the car wash.
Commissioner Welshons asked about the landscaping.
Ms. Kennedy stated that because of the view corridor there was not a great deal of room for tall
landscaping. The landscaping has to be kept at below 30 inches. There are a few trees in the area and
vines will be added in the recessed areas against the building to soften the building.
Commissioner Welshons asked about the vacant pad to the south.
Ms. Kennedy stated that based on the approved Site Development Plan, a restaurant or some other type
of retail use was appropriate for that vacant pad. A daycare center at that site will require another
amendment to the Site Development Plan.
Commissioner Welshons asked if there existed a separation requirement, i.e. restaurant or daycare center
next to a gasoline station, which contains hazardous materials.
PLANNING COMMISSION March 15,200O Page 12
Ms. Kennedy responded that the City did not have a separation standard in place at this time.
In response to a question from Commissioner Welshons, regarding traffic impacts, Mr. Riddle replied that
approximately 90% of the traffic heading northbound on Avienda Encinas approaching Poinsettia would
turn right onto the Interstate 5. Approximately 20% of the vehicles approaching southbound on Avienda
Encinas at the Poinsettia intersection will go through the intersection and 80% of the vehicles would go left
onto Interstate 5. The 1999 figures show the intersection functions at a service level of “A”. The projected
level of service on Avienda Encinas in 2020 will be “A”.
Commissioner Welshons asked the date the improvements on Poinsettia Lane over the bridge would
begin.
Mr. Riddle stated that the design contract was still being worked on and no date had been set. He
indicated that if this project is approved it would be completed before the improvements to Poinsettia
Lane.
Commissioner L’Heureux asked after the tables and chairs are removed, to what use would that space be
put?
Ms. Kennedy stated that the applicant could best address that question.
Commissioner L’Heureux asked if the Commission denied the project, what else could go on the site.
Ms. Kennedy stated any type of retail use.
Commissioner Segall asked if the traffic study of 16 years ago addressed the area south of this location.
Mr. Wayne stated that the Batiquitos Lagoon Educational Park was approved in 1985, which had
substantially higher use than the current Master Plan, which is now all residential.
Commissioner Segall wanted to know the plan for the vacant lot that the ducks occupy now.
Ms. Kennedy said that Staff hoped for a restaurant.
Chairperson Compas asked the applicant to come forth and make a presentation.
Representing the applicant, Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court - Suite 150,
Carlsbad, stated that the project would provide a convenience to the local residents. Addressing issues of
concern regarding traffic, he noted that traffic consultants, Urban Systems, analyzed the project. The
analyses found that the proposed project would produce no significant increase in traffic on the site or
surrounding vicinity. Traffic circulation will improve when the improvements to Poinsettia Lane are
completed, which includes the bridge widening over the railroad tracks and the intersection improvements.
Referring to the environmental concerns and emitting fumes, he reminded the Commission that gasoline
stations are severely regulated and non-compliance results in very severe penalties. Mr. Hofman
distributed, to the Commission, a detailed outline of the standards that gasoline stations must adhere to.
The handout also explained the pump system and how the vapors would be pumped out of the dispensers
into the underground storage. He stated that the underground tanks would be new double wall fiberglass
tanks, which would include an alarm system. The tanks are designed to minimize the risk of any
chemicals, including the MTBE, getting into the groundwater. The perception that the proposed gas
station would have long lines of cars emitting exhaust fumes, e.g. Costco, is unfounded. Chevron will be
competitive, but will not be trying to match Costco’s extremely low gasoline prices. The additional pumps
being proposed will reduce the potential of waiting cars. He noted that the project was extremely limited
as to the signage. The project is limited to .6 square feet of sign area per linear foot of building frontage.
By State Law there will be a required sign displaying the price of the gasoline and it will be located facing
Avenida Encinas.
Mr. Hoffman stated that the hours of operation of the gas station would be 6 a.m. to 11 p.m. It is not a 24-
hour gasoline station and no alcohol will be sold on site. The car wash will be open from 7 a.m. to 7 p.m.
Mondays to Saturdays, and 8 a.m. to 6 p.m. on Sundays. There will be no employees at the car wash
site. It is a total self-serve car wash. There will be no detailing or other type of hand wash service. There 9s
PLANNING COMMISSION March 15,200O Page 13
will be a self-serve vacuum, which will be shielded from adjacent residences. There was a noise study
conducted. It was determined that the noise levels generated by the gas station and car wash would not
exceed 55 dBA anywhere inside the mobile home park limits. He noted that any changes to the hours of
operation, sale of alcohol on site, or signs are all subject to an amendment of the Conditional Use Permit,
which requires a full public hearing before the Planning Commission and City Council. Mr. Hoffman stated
that all of the issues have been adequately addressed and appropriate conditions have been placed on
the project to ensure that the project will not be detrimental to the surrounding neighborhood. He stated
that the project would be an asset to the area and provide a convenience to the nearby residents.
Commissioner Welshons asked how patrons would pay for car wash services.
Mr. Hofman stated via credit card machines at the pump or payment directly to the cashier inside. Once
the car wash was paid for, the patron would receive a code to enter into the machine at the entrance of
the car wash and directions regarding operation via an automated system.
In response to a question from Commissioner L’Heureux, regarding the use of the area after the tables
and chairs are removed, Mr. Hofman stated that additional product stands or shelves would be put in the
area.
Commissioner Welshons asked for a description of the kitchen.
Mr. Hofman, explained that there would be no kitchen. The area was miss-labeled. The area would allow
for the heating of precooked food only. There will be no restaurant use of the area.
Commissioner Segall asked Mr. Hofman if he agreed with the errata sheet.
Mr. Hoffman responded that he was in agreement with the errata sheet.
Commissioner Segall asked the expected date of opening.
Joseph Karocki, Western States Engineering and Chervon, 1150 North Richfield Road, Anaheim,
California, stated that the construction period would be approximately 90 days or less, thus the opening
would follow thereafter.
PUBLIC TESTIMONY:
Bert Surridge, 7255 San Luis, Carlsbad, CA, stated that the traffic survey was ancient. He expressed
concern regarding the traffic as it relates to the residents in the Lakeshore Garden Mobile Home Park.
Many of the residents are elderly or infirm, but walk in the area. The traffic signal only allows 6 seconds
for crossing the street and the sidewalk is on the same side of the street as the gas station.
Donald Downs, 7203 San Luis, Carlsbad, CA, referring to the fact that Costco pumps 25,000 gallons of
gasoline a day and the Chevron Station a mile from the site pumps 5,000 gallons a day, voiced concern
regarding the longevity of the gas station/food mart if it did not meet the revenue exceptions of the
developer. He asked if the applicant could request an extended business hour permit or freeway signage
or a license to sell alcohol in order to meet projected revenue. He noted that 90% of successful gasoline
stations are located on corners, but this proposed gasoline station is not.
Fred Bloss, 7216 San Benito, Carlsbad, CA, stated that he is opposed to the project, as are the majority of
the residents in the Lakeshore Garden Mobile Home Park. Referring to a layout drawing of the area, he
stated that a gas station placed in the proposed site would impede the ability of the residents, elderly and
not so elderly, to walk safely in the area. A petition, opposing the project was circulated. Mr. Bloss gave
copies of the petition to the Commission. He stated that over 250 people signed the petition. He stated
that the representatives of the oil companies and the developers all live somewhere else and asked the
Commission to look out for the resident’s interest and not allow the development of this gasoline station
and car wash, which would take away their nice lifestyle. In closing he remarked that the question to be
answered is, “Do we want or need a gasoline station across the street from the Lakeshore Garden Mobile
Home Park?” The answer is a resounding “NC”.
Commissioner Heineman, asked Mr. Bloss what did he expect would be built on the vacant pads.
PLANNING COMMISSION March 15,200O Page 14
Responding to Commissioner Heineman’s question, Mr. Bloss said, “something that would be needed,
useful and beneficial to the residents in the area, i.e. bank, restaurant, anything except a gasoline station,
car wash, and food mart.”
Representing Lakeshore Garden Mobile Home Park, George Terren, 7109 San Bartolo, Carlsbad, CA,
stated that the mobile home park is an over-55 years of age senior park and has been in operation for 28
years. Well over 1,000 homes have been built in the surrounding area and an additional 1,000 homes are
in the construction phase across the bridge. There are 380 homes in the mobile home park, there are 555
residents. 77% of the residents in the mobile home park are opposed to the gas station, car wash, and
food mart being developed on the proposed site. Approximately 65% of the residents in the park have
respiratory problems, or are in wheel chairs, a number are over 90 years of age, or have hearing problems
or are legally blind. All of the aforementioned residents walk in the area and will be crossing the street in
front of the gas station, which will not be a safe situation. In addition, as soon as one passes the noise
wall, the noise will not be abated. He also believed that the lighting from the gas station would shine into
the mobile home park. A representative from Chevron, Ms. Kelly, finally acknowledged that she would not
want this gasoline station in her backyard and neither do the residents of Lakeshore Garden Mobile Home
Park.
Bernard Ruhnke, 7107 San Bartolo, Carlsbad, CA, stated that he has been a Carlsbad resident for 9
years. He stated that he was adamantly opposed to the development of the gas station, because it is in a
residential area. Although the developers have stated that this project is a convenience for the residents
in the area, it is not. There exist 2 other Chevron gas stations within a one-mile radius of this site.
Another gas station is not needed. Every freeway exit, except undeveloped Cannon Road, has gas
stations. The developer’s report states that over 1,800 vehicles a day will be using the facility. The traffic
study presented by the City is clearly outdated. A current traffic study is needed. Although, he is not
concerned about leaking tanks or spilled fuel, because this is strictly monitored by various regulatory
agencies, he did express concern regarding the fumes that will be emitted by idling cars waiting to fuel.
Car washes are noisy by nature and even with mitigation the noise will be disruptive and invasive,
therefore inclusion of a car wash should be studied further. He voiced concern as to whether the hours of
operation would be extended in the future. The bottom line regarding this issue is, “a gas station is not
needed or wanted on the proposed site. m
Carla Ostrowski, 7236 San Benito, Carlsbad, CA, asked the Commission if they wanted to live 250-feet
from a gasoline station and car wash. Traffic safety as it relates to pedestrians was of paramount
importance to Ms. Ostrowski. She referred to the fact that anyone crossing the street, if the project is
allowed to go forward, would forever be dodging traffic. The Little Monument and Bars were voted out in
favor of grass, benches and a clear view of the sunset. Requesting that the Commission not approve the
development of the gasoline station, car wash, and food mart. She reminded the Commission, that the
quality of life is very important to her and the other residents of Lakeshore Garden Mobile Home Park and
a gasoline station at the proposed site would greatly diminish the quality of life for all residents in the
neighborhood.
Maria Zeha, 7036 San Bartolo, Carlsbad, CA, voiced concerns as to whether the hours of operation would
be extended once the gasoline station, car wash, and food mart was operational and if freeway signage
would be allowed by the passing of a new ordinance.
President of the Golden State Mobile Homes League, Jim Smith, 7116 Santa Barbara, Carlsbad, CA,
stated that he has lived in the Lakeshore Garden Mobile Home Park for 10 years. He noted that there are
384 homes in the mobile home park and only two homes are presently for sale. He believed that an
introduction of a gasoline station with 12 pumps, car wash and food mart would be detrimental to the
environment and neighborhood, e.g. impacting traffic. He suggested that if the project is approved, the
entrance to the gas station should be on the southern portion of the proposed site. Referring to the vast
number of telephone calls received by the league and the subsequent poll taken, it was determined that
77% of the residents were opposed to the development of the gas station, car wash, and food mart at the
proposed location.
Clay Walters, 7541 Navigator Circle, Carlsbad, CA, expressed concern about the MTBE issue and how
spillage would be addressed to prevent hazardous and life threatening conditions.
Charles Cobb, 7014 San Bartolo, Carlsbad, CA, stated that the proposed site of the gasoline station was
in the bend of the road. Gas stations are usually placed on corners in non-residential areas. The /II/
PLANNING COMMISSION March 15,200O Page 15
placement of the gas station at the proposed site, with the Ralph’s Supermarket and the Calvary Church,
was only going to cause increased traffic circulation and safety problems.
The representative for the applicant responded to the Public Testimony: 1.) It is projected that the
dispensing of 150,000 gallons of gas per month will make this station successful, which is 5,000 gallons
per day. 2). The lighting is directed downward, which will prevent lighting from spilling over into adjacent
sites. There will be ambient light, but no direct light spill over. 3). It is not a valid comparison, comparing
the proposed car wash with the Palomar Hand Car Wash, because the proposed car wash is a self
serving car wash. If the facts are looked at in the report, there are safeguards built into the conditions of
approval regarding signage, hour changes, sale of liquor, fumes/vapors or spillage, that will protect the
environment and the general public. He reminded the concerned citizens that this project would not
generate the traffic that Costco does. Noting the suggestion that the entry into the station be on the
southern portion, he stated that the signalized intersection would best serve the needs regarding
controlling the traffic and pedestrian safety issues. He also felt that a restaurant would generate more
traffic than the proposed project.
Commission Welshons asked if there was a sidewalk on the other side of the street.
The applicant stated that at this time there was no sidewalk, but noted when the site developed there
would be a sidewalk installed.
Commissioner Segall asked for clarification on the MTBE issue.
The representative for the applicant addressed the concerns regarding the spillage into the ground, stating
that water will not run directly to the sewer. Rainwater, spillage or any type of liquid will go through a
clarifyer before going into the sewer. The 1999 rules forced all gasoline stations to install double
fiberglass wall underground storage tanks. A sensor on the first tank will shut down all fueling when a leak
is detected.
Chairperson Compas closed Public Testimony.
Commissioner Segall questioned the 6-second timing on the crosswalk.
Mr. Riddle stated that the 6-seconds was the standard time allowed for the crossing of pedestrians at
intersections, but noted that the time could be adjusted (regulated) by the Traffic Department.
Commissioner Segall asked Staff to address the plans for the north side of the street and if a sidewalk
could indeed be placed there before the development of the pad.
Ms. Kennedy stated that it was possible a sidewalk could be installed in conjunction with the project on the
north side, but it would be a sidewalk to nowhere, it would end at the end of the vacant pad.
Commissioner Segall asked if the existing sidewalk continued up to Ralph’s.
Ms. Kennedy responded that it did.
Commissioner Segall asked if there were any mitigation efforts that can be done to prevent some of the
traffic problems.
Ms. Kennedy stated that the shopping center could install stop signs at various locations.
Commissioner Segall asked for an explanation of the process necessary to change the hours of operation.
Ms. Kennedy responded that the Conditional Use Permit regulated the hours of operation and any
modification would require a new Public Hearing and an amendment to those conditions.
Commissioner Segall asked if freeway pole signs would be allowed on this site in the future.
Reaffirming that this site was not considered to be a Freeway Service Facility, and therefore did not qualify
for that type of signage, Ms. Kennedy stated that the sign section of the Zoning Ordinance would have to
be amended in order to allow pole signage at this location.
PLANNING COMMISSION March 15,200O Page 16
Commissioner Trigas asked if the site was originally designated for a gasoline station.
Ms. Kennedy responded in the affirmative.
Commissioner Trigas asked if there was opposition at that time from the residents regarding the gasoline
station.
Ms. Kennedy stated that she was unable to locate the minutes regarding the original project, but did find
correspondence from Lakeshore Gardens Mobile Home Park related to the installation of a traffic signal at
the intersection.
Commissioner Trigas asked for clarification regarding the procedure to change the site designation from a
gasoline station.
Ms. Kennedy stated that the Site Plan would have to be amended.
Commissioner Trigas requested clarification on the lighting issue.
The lighting plan states that the lighting must be shielded, so that it does not illuminate adjacent residential
properties. Ms. Kennedy did acknowledge that there might be reflected light, but no glaring light. In
addition, a dark color concrete will be used on the paving underneath the canopy to eliminate glare.
Commissioner Welshons asked if the egress and ingress at the site could be shifted.
Mr. Riddle explained that the site was approved with the present access points. The original SDP
addressed a series of alternatives regarding the signalized intersection. The location of the signal was
determined based upon input received from the residents of Lakeshore Gardens Mobile Home Park at that
time. Shifting of the traffic signal might warrant another signal light, which would cause conflict with
signalized intersection spacing because there are minimum standards in place.
Addressing the representative from the Shopping Center, Commissioner Segall asked if they would be
agreeable to installing stop signs at strategic points in the shopping center parking area and/or sidewalk at
the crossing.
Representing the Poinsettia Shopping Center, Michele Babcock, 2000 Highland Drive, Newport Beach,
CA, stated that the center would be happy to consider stop signs. Referring to an area drawing of the site
plan, she stated that to install a sidewalk in that undeveloped area would call for the sidewalk to extend
into the parking aisle and driveway. She felt that the installation of stop signs would be the best option to
help with the vehicle traffic and pedestrian traffic flow.
Commissioner Welshons asked if the shopping center would ever install a sidewalk on the northern side of
the driveway entrance.
Ms. Babcock responded that design wise, it would be difficult to do.
Chairperson Compas asked the Commission if Public Testimony could be re-opened.
Unanimously, the Commissioners indicted that they were opposed to reopening Public Testimony.
Chairperson Compas called for a Motion as a basis for discussion.
MAIN MOTION:
ACTION: Motion by Commissioner Segall, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 4737, 4739 and 4740,
recommending approval of the Negative Declaration, Mitigation Monitoring and
Reporting Programs, Conditional Use Permit CUP 99-15, and the Coastal
Development Permit CDP 99-35; and Resolution No. 4738 approving Site
Development Plan Amendment SDP 82-03 (B), based on the findings and subject
PLANNING COMMISSION March 15,200O Page 17
to the conditions contained therein, including the errata sheet dated March 15, 2000.
DISCUSSION ON MAIN MOTION:
Commissioner Welshons stated that the original Site Plan allowed for 8 gas pumps and the amendment to
the Site Plan calls for increasing the number of gas pumps to 12, adding a car wash and a food mart. She
believed a conflict exists with the intensity of the proposed use on the property and the residents living at
Lakeshore Gardens. She noted that the residents brought very valid points before the Commission
regarding the pedestrian traffic usage and the conflict with vehicle traffic entering and exiting the site.
There are several options available to the Commission: 1). Only allow 8 gas pumps, or 2). Eliminate the
car wash (which she is in favor of) or 3). Prohibit the installation of a gas station.
Commissioner Heineman stated that he believed the residents at Lakeshore Gardens have overblown
their health problems. He assured the concerned citizens that the City would not allow a relaxation of
regulations on hours, signage or traffic. During his shopping trips to Ralph’s, he noticed very little
pedestrian traffic, therefore he believed that stop signs within the Shopping Center area would take care of
pedestrian traffic safety issues. He said that he was in favor of approving the project.
Commissioner Trigas initially was concerned about the issue of transients with the installation of food
tables and chairs, but now that the errata sheet addresses that issue and the tables will not be part of the
project, she is in favor of the project. The noise factor has also been addressed to her satisfaction; she
therefore is in favor of the project.
Commissioner Nielsen stated that he supported the project.
Commissioner Segall said that his concerns regarding the project were addressed either in briefing or
during the Staff presentation and therefore believes that the integrity of the area will be maintained and
measures are in place to assure that. He noted that his office was located in the shopping center area. He
did not see the location as being a particularly heavy/busy traffic center. He would have been adamantly
opposed to the food mart if alcohol was sold, but alcohol will not be sold. He supports the project and
would like to see a stop sign installed in the northeast section.
Mr. Wayne stated that it was within the Commission’s jurisdiction to condition stop signs in the shopping
center and suggested that the wording “ to the satisfaction of the City Traffic Engineer” be included in the
condition.
Chairperson Compas asked Commissioner Welshons if she cared to propose any amendments.
AMENDMENT 1:
ACTION: Motion by Commissioner Welshons, and duly seconded, that the car wash be
eliminated from the design of the proposed project.
DISCUSSION ON AMENDMENT:
Commissioner Welshons did not believe the car wash was a compatible residential use and eliminating
the car wash would not be detrimental to the rest of the project. The elimination of the car wash, would
improve site circulation and will reduce noise.
VOTE ON AMENDMENT 1:
VOTE:
AYES:
NOES:
ABSTAIN:
3-4-o
Compaq Welshons, L’Heureux
Trigas, Segall, Heineman, Nielsen
None
PLANNING COMMISSION March 15,200O Page 18
AMENDMENT 2:
ACTION: Motion by Commissioner Heineman, and duly seconded, that the Resolution be
amended to require the owners of the shopping center to install stop signage to
the satisfaction of the City Traffic Engineer.
VOTE:
AYES:
NOES:
ABSTAIN:
7-o-o
Compas, Welshons, L’Heureux, Trigas, Segall, Heineman, Nielsen
None
None
VOTE ON MAIN MOTION:
VOTE:
AYES:
NOES:
ABSTAIN :
5-2-o
Compas, Trigas, Segall, Heineman, Nielsen
Welshons, L’Heureux
None
_I 03/13/2000 14:22 7604382443 HOFMAN PLANNING -. MmT-13-00 02:24P We* v-n stat-r In+= 714 ! 2009
PAGE 02
P.01
EXHIBIT 6
In order IO conrtmct a SC&W stat+ with gas ulvs, the duvdoper hmr to obtain vuicsty
uf canvirnnmental permits through govcrnmenlal enviromentd y5Mcisn, The
government officials will dorsly rcviow the pennits and conatrucfi~~n documents
drawing to cn~rc no hazard will be exposd m environment whcthcr undcrpround 01
abovt hound.
Tk following btu llomc of govthrmmtal mgencies, which the daclopcr has to obt&
pmit from to construct a new sorvicc station fadlity
B being ~rposed to air aa far aa fumes and vapor is
concerned. The dcvcloper will have to submit an application with corrptluclion
documents draw&r to this agency prior to pcdt isamcc br the ollicialr of APED to
review the construction documenti to make certain the vapor wiIl be wntaincd within the
piping nnd the tanks and the axporure to the air ia minimizad. In nrdcr to minitnizc this
irsuq the developer ia &Iw ir\fialliny vapor vacuum aasid dispcnscr which will intake all
the fumeo and vapur from the vehiclu gab tanks and rctwns it back to the undqrvund
sto~gc tanks and will be contained within the storage tanks until hauled away by the
tarakcr truck re&eling the tanlc~. The developer will also install vent cap on top of w
vent risers which by law will be installed minimum 12’4” sbovc finish floor to be at no
nrk of he&h to any individual or hazard lo environment. The c;ap~ in&AM will
drastically minim& amount of vapor to be exposed to the ir.
. w Dim0 En D&&&J
This wency rcvicws all hazards b&g axpoti to thq mvironmcntal (utidcrgro~nd and
WW~). The developer WIII have to Nbmit an application tirh construcrion documents
drawinyr LO this wancy prior to petmit i.wuancu fnr the nfflcials of the cnvirontncnial
qtacy lo revkw the cxmntntction doarmcnts to make certain there will not be my
tcakauc of hazardous material to tht YOU and water. The dcvcJopcr will install MW
duublt wall fiberglass underground stoqe tank and mu Vmcler Root tank pnd
monitdng Alarm system.
A sensor will bc installed wilhin the two walls of tha undeqrourtd storcgc U&S. This
sensor will dstwt my liquid beins rclcascd from t.hc iatorior wall of ti@ tank and
thcrcforc will shut down the utation until the tmkn k tepaircd to rcplac~! by certified
crew. Thu Idage from the interior wall till be conmakd within thr two walls of the
t&s and will not be rekarrecl to the soil.
Th piping will be pmsurimd 8nd if the presaufe of the gwolirrcs trmd within the pipes ir
dropped, the Vticr Root syatcm will detect 1he leakage and will shut Jown the ticrtian
fur Ltctliqg. The devdoper will also install new double wall flberglaas underground
piping to contain any lcakagc within the piper,
83/13/2886 14: 22 76043824.43 HOFMAN PLANNING
Mat-IS-00 Cl2:24P Was -n Status Inc 714 2 2009
. Coumlr~ W-em Dirtricf
Thi district cons& rll tie cxposcd water aoing to main sewer lines to bt free of
cont;rmitwrion. The dtvelaptr will hall a new 24” cuch btin under the canopy area in
the Ming arca% 7% concrete slab within the vehiculirr dtiving a,rtq which n?rry contain
of oil on the slab will be sloped back to the cawh basin and in case of rain tbc wetcr will
wash of the oil and will be returned to the catch basin. Thtn tht catch basin, which is
wnnwted to an oil/wrtter wpara~or by a pipe wvill send the contamindcd wdcr to the oil
and water scparrrtor md clarifies the water b&xc relclcre the main sewer line
PAGE 03
P-05
83/13/2888 14:22 7684382443 HOFMAN PLANNING ._
Mar- 13-00 QZ? 24P ~0s
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PAGE 84
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Research shows that fd .wlcs ad inaide Ms OM incmuu 10% la 30% der htwkmmtag il Ib.d’a~y rystcm udng C,:RlND card RY~CIX e . Futl-ody cu~n~~ like ~bc mnecnimce 01’1uying ~1 the fud i&ml.
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l !nsidc cuatmen m mm libcely to buy hcururc the l&s WC dm-rer.
b During pall tlum. you can wxmmI&lc mre alslwr~rs. hsh?% at your
furl irlaml ml mside.
Fkld-hvew Vapor kovery Thwt’s “ln~hlc” To Your Customcn
whell you’re UC~II~ TO inrptcnm vop~ ~COVC~~. you’ll w;~nf C3iItwctr’s VapA?~:lc~
system. 11s hmiwntl ltr)sa m only A brl I:up in dimcrer th;w ~r:m&mi hncc*. ml
its l?mlllc~ nouzla irY WQ riwdiU LO UIYUl;lrxt n&cs. fh* rtUe3 :u1’ dw cvlnplr-
live with lhv# rim wilhol~r upvr rccovcv.
, 03/13/2000 14:22 7604382443 HOFMAN PLANNING . .
Mar-13-00 02:24P WI hrn Statea Inc 7x10 I 2009
PAGE 05
c-03
_c $ .., --.
To: Carisbad CI.J Planning Department - Febn.crry l&2000 EXHIBIT 7
From: Bert & Joan Surridge, 7255 San Luis, Lakeshore Mobile Home -_ . . .
Park, 7200 Avenida Encinas, Carlsbad, CA. 92009
Regarding Gas StationKonvience Story and Child Care
Poinsettia Plaza Shopping Center, Avenida Enclnas, Ca
We have the following concerns regarding the above development, and would like the Carlsbad
City Planning Department staff assigned to the project to address these concerns in their report
to the Planning Commission, scheduled for March 15,ZOOO.
1. Environmental What studies show that relate to petrochemical fumes from
gasoline t)at could affect children in a school situation adjacent to such a facility?
2. B Data on the number of transients brought to the Church on that same shopping center property. Projection of the use of a ‘convience store” by such
transients. This question is related to problems we recall that got a great deal of newspaper coverage at the, now gone, Country Store on El Camino Real, Calrsbad
about 5-f years ago.
3. . e. & I- With both Ralphs and Rite Aide Drugstore in the same shopping center with these licenses, is there a demonstrated need for a
‘convience store” on the same property with another such license?
We feel that a ‘convenience store” specializing in the sale of alcohol, snack foods, and
candy could be an ‘attmctiie nusiance” in its placement directly adjacent to a child
care center. This is a particular concern in regard to the transient populationand tmfflc
generated by the gasoline station next door.
4. f Gasolne With pmtectlon by median strips to access for
property proposed for the gasoline station, what kind of traffic flow can be expected at a ‘T’ intersection and other shopping center entrances generated by the gas station?
5. I&& con- Are there studies showing the effect of carwash noise on school
children directly adjacent to the carwash as proposed by the developer?
We thank the Planning Department staff for diligence in examining all aspects of this
development in their presentation to the Planning Commissioners. We expeot to be in
attendance along with some of our neighbors.
SinTrely, -
,#(yAci /. y.: f&f/. ,: . - 1 :
Bert and Joan Surridge
7t 4 i: 4,‘ c. 1 A cd r Lt.’
\LL RECEL’EIZ
C:%wb- I __ ..-,-- -... 4 -. -- L-Mst - .; . .._ I /' 4 .>I"? L!). , TO: BUD LEWIS, JULIE NyGm, m KUJJ-m, m'I--I' -E;' ,':-;.. "i"r!!y
& R4MONA FINN&i ,r. \' i: f t‘;;; .,.j
.__
I live in Lake Shore Gardens Mobile Home Park with about 600 residents. We
have an overwhelming majority here who are totally opposed to building a car wash,
convenience store, and 12 gasoline pumps, directly across the street on Avenida En&as.
It is of far reaching concern for the elderly & disabled who live here, to walk from
our park to Ralphs Shopping center. To simply walk or drive across the street is going to
become a logistical & dangerous activity as we dodge the cars coming & going into a gas
station & car wash. After the planning and builders have left we are stuck with the
problems.. . not the convenience of a gas station.
The impact of a f&way sign saying “Lodging ,food, & gas next exit”, will make
the volume of traf3ic horrendous. Gas trucks will be coming & going to fill underground
tanks at all hours of the day and night. Gas prices are typically 10 to 15 cents higher at
Chevron & people on a fixed income will shun such an expense. We are very concerned
about health risks due to contamination of air and water from MTBE.
The %fe” place to build a convenient & visible gas station for all residents &
drivers, would be the NW comer of Avenida Encinas & Poinsettia. That comer is perfect
for a station which is across the street f?om motel row and visible going West from the
Poinsettia off ramp.
We want and need a good full service restaurant instead of a gas station and
you would be well served to change your plans, that you all believe are written in stone.
Carla Ostrowski
7236 San Benito
Carlsbad, CA 92009
760-431-8205
Mr. & Mrs. W. Ostrowski 7236 San Benito St. Carlsba4 CA 92009
- -
THE FOLLOWING RESIDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTUCTION OF GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKING LOT.
23.
24.
25.
- -
THE FOLLOWING RESIDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRUCTION OF A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKING LOT.
Name Address
THE FOLLOWING RESIDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRUCTION OF A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKING LOT.
Name Address
c. .
THE FOLLOWING RESIDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRUCTION OF A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKING LOT,
Name Address
THE FOLLOWTNG RESTDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRUCTION 0~ A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKTTVG LOT.
Name Address n ! L/d
,_,_. -.. -7
1. Ii J; _‘Jt;,-* ,, ,1(--J <-. ;^ 1’ _
‘1 2. ~fi,,&- j
, cc ,w 4 y---;: _ &,J (, ;- ‘i L”6t.; 1 L, i. c &/y, /(I ;&&&Q-g &>5- , fL-z-~v/,~~~ ,Q 22 ‘78 7 ;z [,? g S’&, f , 2 3. fy3r, -5 /q&S ./--l 5?kP~ Kw3La-K2&4A> 73 \ t@ S&J h;13 15 @iRhSL&) 9zpcT/ / 4 ”
2 4. /T/ . i,‘- J R:% .),,< &&&A [ ,r.,“,:$/.*, ’ ,&4 --z
5. *%&2J l.. ff/j
,&d~, ;;/ 7 // %\ r-4: ?‘ YxL-:, J&,
7c32 32-?4 &,+A .sJ p 7rcoQ i
-
THE FOT,LOWTNG RESTDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRIJCTTON OF A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKING LOT.
Name Address
.
/ / , -- / P -/-
4 p
THE FOLLOWING RESIDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRIJCTTON OF A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKPNG LOT.
Name Address
1. i/L. &- 724 s- /QbJ
2. Y-,; ,‘-/A ,;-& , 3. / &--~A(/ ,YJ
773&” AL&- &AC?
c- 730 4 5 Ad J;;ErLJ/i-L3
4. -zL,-, ‘)9$&.L d&L/ 7/ / / .AL.Lw
- -
THE FOLLOWING RESIDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRUCTION OF A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKING LOT.
Name Address
THE FOLLOWING RESIDENTS OF LAKESHORE GARDENS
ARE OPPOSED TO THE CONSTRUCTION OF A GAS STATION
AND CAR WASH TO BE LOCATED AT THE ENTRANCE TO
RALPH’S PARKING LOT.
Name Address
17.2?5&&&Ltt-733d 1 8.1i7/o+7& \&&,y3:lfpd, 72/~7/&& -4rsLzz Pp;!Odpl . 92/h &‘&,, ~&$e$/>J
19.
20.
21.
22.
23.
24.
25.
NOTICE OF PUBLIC HEARING
DESCRIPTION:
Request for a recommendation of approval for a Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, Conditional Use Permit and Coastal
Development Permit to develop a gas station, car wash, and food mart on a vacant pad
within the Poinsettia Village Shopping Center.
LOCATION:
This project is within the City Carlsbad’s Coastal Zone located on the northeast side of
Avenida Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City’s Coastal
Zone, the Commercial/Visitor Serving Overlay Zone, and Local Facilities Management
Zone 9.
ASSESSOR’S PARCEL NUMBER:
2 14-430-23
APPLICANT:
Western States Engineering
1180 North Richfield Road
Anaheim, CA 92807
A public hearing on the above proposed project will be held by the Carlsbad City Council in the
Council Chambers, 1200 Carlsbad Village Drive, Cartsbad, California on Tuesday, May 2, 2000
at 6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be
described and a staff recommendation given, followed by public testimony, questions and a
decision. Copies of the staff report will be available on or after April 28, 2000.
If you have any questions or would like to be notified of the decision, please contact Barbara
Kennedy at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to
5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008,
(760) 602-4626.
APPEALS
If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program, Conditional Use Permit and Coastal Development Permit in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing.
Coastal Commission Appealable Project: This site is not located within the Coastal Zone
Appealable Area.
CASE FILE: CUP 99-l!YCDP 99-35
CASE NAME: CHEVRON POINSETTIA VILLAGE
PUBLISH: APRIL 22,200O
CHEVRON POINSETTIA VILLAGE
CUP 99=15/GDP 99-35
Smooth Feed SheetsTM - Use template for 51W
CA COASTAL COMMISSION SD COUNTY PLANNING CA DEPT OF FISH & GAME
STE 200 STE B STE 50
3111 CAMINO DEL RIO NO 5201 RUFFIN RD 330 GOLDENSHORE DR
SAN DIEGO CA 92108-I 725 SAN DIEGO CA 92123 LONG BEACH CA 90802
REGIONAL WATER QUALITY BRD
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
SANDAG
STE 800
401 BST
SAN DIEGO CA 92101
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CARLSBAD UNIFIED SCHOOL DIST
801 PINE ST
CARLSBAD CA 92008
WESTERN STATES ENG
1180 N RICHFIELD RD
ANAHEIM CA 92807
BILL MCCLAIN/JIM SMITH DONAHUE SCHRIBER REALTY HOFMAN PLANNING ASSOC
LAKESHORE GARDENS MHP ASSOC 3501 JAMBOREE RD STE 150
720; AVENIDA ENCINAS NEWPORT BEACH CA 92660 5900 PASTEUR CT
CARLSBAD CA 92009 CARLSBAD CA 92008
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
CITY OF OCEANSIDE US FISH 81 WILDLIFE SERVICE
300 NO COAST HWY 2730 LOKER AVE WEST
OCEANSIDE CA 92054 CARLSBAD CA 92008
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD
PUBLIC WORKS - COMM SERVICES PUBLIC WORKS - ENGINEERING DEPT PROJECT PLANNER
DEPT BARBARA KENNEDY
Address labels Laser 5160@
LAKESHORE GARDENS PROPE 18915 NORDHOFF ST 5 NORTHRIDGE CA 91324-3790
PAY LESS DRUG STORES NO RALPHS GROCERY CO PO BOX 8431 HARRISBURG PA 17105-8431 TELLER AVE 277 1100 W ARTESIA BLVD CA 92612-1680 COMPTON CA 90220-5108
A 92612-1680
CALVARY CHAPEL NORTH CO MITCHELL LAND&IMPROVEME 7188 AVENIDA ENCINAS 2919 GARDENA AVE CARLSBAD CA 92009-4656 LONG BEACH CA 90806-1914
214-430-21 214-430-22 . .+d-+a-
DONAHUE SSjtIst3! DONAHUE.+%%"R?&R REALTY DONAHUE SCHRIBER REALTY _.-. 3501,JAMBOREE RD 18mELLER AVE 277 18818 TELLER AVE 277 NE@ORT BEACH 92660-2939 IRVINE CA 92612-1680 IRVINE CA 92612-1680
ROBERT E BRUCE KAY T MOORSTEEN 6272 SILVERWOOD DR 1777 NE LOOP 41012 HUNTINGTON BE 92647-3364 SAN ANTON10 T 78217
*** h,Printed *** )-- --.-. \ ,/ I \
i 8’ / i ,f ’
‘\,/ A’
OCCUPANT 7201 AVENIDA ENCINAS
CARLSBAD CA 92009-4642
c ~~~;%?%~N,, ;W;CX~656
*** 3 Printed ***
OCCUPANT
LAKESHORE GARDENS
7201 AVENtDA ENCINAS
#I
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#3
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCtNAS
#5
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENtDA ENCINAS
#I 97
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS 7201 AVENtDA ENCINAS
#I99
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENtDA ENCINAS
#201
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#203
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#2
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#4
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENtDA ENCINAS
#6
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVEN IDA ENCINAS
#I 98
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#200
CARLSBAD, CA 92009
OCCUPANT LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#202
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#204
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#205
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#207
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#206
CARLSBAD, CA 92009
(Form A)
TO; C1T.Y CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CUP 99-15/GDP 99-35 - Chevron Poinsettia Village
for a publfc hearing before the City Council.
Please notfce the item for the council meeting of Mav 2, 2000
.
Thank you.
Assistant Clty Man-’
l
.-
April 10, 2000
Date
City of
- FILE COPY
NOTICE OF PUBLIC HEARING
COMPLETE DATE: November 16,1999
DESCRIPTION:
Request for a recommendation of approval for a Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, Conditional Use Permit and Coastal
Development Permit; 6 develop a
gas station, car wash, and food mart on a vacant pad within the Poiniettia Village
Shopping Center.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located on the northeast side of
Avenida Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City’s Coastal
Zone, the CommerciaWisitor Serving Overlay Zone, and Local Facilities Management
Zone 9.
ASSESSOR’S PARCEL NUMBER:
214-430-23
APPLICANT:
Western States Engnineering
1180 N. Richfield Rd.
Anaheim, CA 92807
A public hearing on the above proposed project will be held by the Planning Commission in the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on March 15, 2000 at
6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be described
and a staff recommendation given, followed by public testimony, questions and a decision.
Copies of the staff report will be available on or after March 9,200O.
If you have any questions, or would like to be notified of the decision, please contact Barbara
Kennedy at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to
5:30 p.m., Friday 8~00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008,
(760) 602-4626.
. . .
,..
. . .
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 l FAX (760) 602-8559
APPEALS
If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program, Conditional Use Permit and Coastal Development Permit; m
in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City of Carlsbad prior to the public hearing.
1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project:
0 This site is located within the Coastal Zone Appealable Area.
lxl This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California
92108-1725.
CASE FILE: -CUP 99-l S/CDP 99-35
CASE NAME: CHEVRON POINSETTIA VILLAGE
PUBLISH: MARCH 2,200O
- - fxe @OPV City of Carlsbad
NOTICE OF PUBLIC HEARING
COMPLETE DATE: November 16,1999
DESCRIPTION: Request for a recommendation of approval for a Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, Conditional Use Permit and Coastal
Development Permit; and approval of a Site Development Plan Amendment, to develop a
gas station, car wash, and food mart on a vacant pad within the Poinsettia Village
Shopping Center.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located on the northeast side of
Avenida Encinas, south of Poinsettia Lane in the C-2-Q zone, within the City’s Coastal
Zone, the CommerciaWisitor Serving Overlay Zone, and Local Facilities Management
Zone 9.
ASSESSOR’S PARCEL NUMBER:
214-430-23
APPLICANT:
Western States Engnineering
1180 N. Richfield Rd.
Anaheim, CA 92807
A public hearing on the above proposed project will be held by the Planning Commission in the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on March 15, 2000 at
6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be described
and a staff recommendation given, followed by public testimony, questions and a decision.
Copies of the staff report will be available on or after March 9,200O.
If you have any questions, or would like to be notified of the decision, please contact Barbara
Kennedy at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to
5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008,
(760) 602-4626.
. . .
. . .
1635 Faraday Avenue l Carlsbad, CA 92008-7314 - (760) 602-4600 l FAX (760) 602-8559
. fi r -‘* . ..y )“iL *,.. - ii -
APPEALS
If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program, Conditional Use Permit and Coastal Development Permit; and approval of a Site
Development Plan Amendment in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the City of Carlsbad prior to the public hearing.
1. ADDealS to the Citv Council: Where the decision is appealable to the City Council,
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project:
cl This site is located within the Coastal Zone Appealable Area.
lxl This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California
92108-1725.
CASE FILE: SDP 82-03(B)/CUP 99-15KDP 99-35
CASE NAME: CHEVRON POINSETTIA VILLAGE
PUBLISH: MARCH 2,200O
CHEVRON POINSETTIA VILLAGE
SDP 82=03(B)/CUP 99-l 5/CDP 99-35
.
OCCUP~T 7201 AVENIDA ENCINAS
CARLSBAD CA 92009-4642
*** 3 Printed *** CA COASTAL COMMISSION
SUITE 200 WESTERN STATES ENG
3111 CAMINO DEL RIO NORTH 1180 N RICHFIELD RD
SAN DIEGO CA 92108 ANAHEIM CA 92807
BILL MCCLAIN/JIM SMITH DONAHUE SCHRIBER REALTY
LAKERSHORE GARDENS MOBILE 3501 JAMBOREE RD
HOME PARK ASSOC NEWPORT BEACH CA 92660 7201 AVENIDA ENCINAS CARLSBAD CA 92009
/j notice ha.j been mailed to
all pwerty owners/occupants listed herein., ,
Date 2 sL9/03 /
Signature -w++ Y
c -2’
.
LAKESHORE GARDENS PROPE 18915 NORDHOFF ST 5 NORTHRIDGE CA 91324-3790
PAY LESS DRUG STORES NO PO BOX 8431
HARRISBURG PA 17105-8431
-14-430-18 e
DONAHUE SCHRIBE-fiAG-Y 18818 TELIJ+.f&VE 277 IRVIN$ati 92612-1680
~&&g-CG~~
NEWJ?0RT BEACH 92660-2939
ROBERT E BRUCE 6272 SILVERWOOD DR HUNTINGTON BE 92647-3364
NOF/&DGE CA 91324-3790
/
CALVARY CHAPEL NORTH CO 7188 AVENIDA ENCINAS CARLSBAD CA 92009-4656
214-430-22 /+@-HA
DONAHUE S~RI%&?REALTY 18818.TExLER AVE 277
IRVINE CA 92612-1680
KAY T MOORSTEEN 1777 NE LOOP 41012 SAN ANTON10 T 78217
214-430-14
RALPHS GROCERY CO 1100 W ARTESIA BLVD COMPTON CA 90220-5108
MITCHELL LAND&IMPROVEME 2919 GARDENA AVE LONG BEACH CA 90806-1914
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#I
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#3
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#5
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#I97
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#199
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#201
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#203
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#2
CARLSBAD, CA 92609
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
##4
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#6
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#I98
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#200
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#202
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#204
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#205
CARLSBAD, CA 92009
OCCUPANT LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#207
CARLSBAD, CA 92009
OCCUPANT
LAKESHORE GARDENS
7201 AVENIDA ENCINAS
#206
CARLSBAD, CA 92009
w.m.~~. .,.T.. a.& I a”.“. ., .- .._ ” I I*- -.l-cl*i Lb.. . . . . ..a_ ,,_., ,.,. ^
HAY-02-2000 TUE 03:OO PM "!TY OF'CARLSBAD FAX NO, =ii 602 6559 P, 01
5-d -00 . . . [Click here and rypc address]
.
To: Marianne Fax: 720-9461
From: Barbara Kennedy Dab: 5/u2000
Re: Info for City Council Pagea: 10 including cover sheet
cc:
@JUrsent 0ForReviow q PleareCOmment q -=ReplY a Pkso RecydQ
. . . . . .
to the City Council Via Ray Patchctt
IDATE CITYMANAGER~
\AGENDAITE~~I,LI : ;
’ . . . . . . . . . . . . . . . . . . . . . . .
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May 2,200O
To: Mayor and City Council, VIA Ray Patchett, City Manager
From: Barbara Kennedy, Associate Planner
RE: Chevron Poinsettia Village - SDP 82-03(B)/ CUP 99-15KDP 99-35
Some clarification was requested by Councilwoman Kulchin regarding the Poinsettia Properties
Specific Plan and the inclusion of a gas station in the project. A commercial site was originally
proposed at the northwest corner of Poinsettia Lane and Avenida Encinas. Staff recommended
against a gas station at this site because of 1) its proximity to the gas station proposed for
Poinsettia Village, 2) its location immediately abutting proposed residential properties, and 3)
because of limited access to the site (no access on Poinsettia Lane).
The Council approved the Specifc Plan which included the commercial site without a gas station.
The Specific Plan also required Coastal Commission approval. The Coastal Commission’s
approval relocated the commercial site to the south end of the Specific Plan Area at the northeast
corner of Ponto Road and Carlsbad Boulevard.
The minutes from the meeting are attached.
Barbara Kennedy
Associate Planner
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La Verne Hartman TEL:760-804-0669 May 02,OO 2:09 No.001 P.01
AGENDA ITEM #
7116 SAN BARTOLO
City Attorney
City Clerk
/ R@.$ JCSSICA
FACSIMILE TRANSMI'J'TAJ, COVER SJJEET
TO: c f-ry Cbv.C/L- i=A&S&Jb, CA -7r7e;ii-.-E-$s-‘ _-d-.---^--.l..ll.. _L--.w---.e-.-.e--- -m-e -_----
FROM: L PVf‘mfE Jwfwp4/+~. ffeslm/q7. ~-6_.9~~F-~.A~_4ZA_~/O~ -...#w-- ^-_---- ---- ----. ---- -.._- 7 ._
REGARDING: c H t: V’ f?cV/ 6A5 SfAfPN PRQ ?4_cS.5L f~J%?~M!!~~~~ __e_____ -- _._.__._--..I . ..^ . . . . . .-. -
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IF YOU DO NOT RECEIVE ALL THE PAGES, OR IF YOU HAVE QUESTIONS
PLEASE CALL (760)804-0669 AND ASK TO SPEAK WITH: &I VCR&E . _, . .- ". ._ -. . . - ._ .
.
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AGENDA ITEM # o?
c: Mayor
City Council
May 2,200O CiPy Manager City Attorney City Clerk
TO: MAYOR
CITY COUNCIL
FROM: Marilyn Strong
PROPOSED CHEVRON STATION -AGENDA ITEM #2
The following are the names of Lakeshore Gardens residents who have called to advise
the Council that they do not want the proposed Chevron Station to be constructed:
1. Adele Auton 931-8771
2. Ruth Duff 431-2815
3. Marian Campbell 431-2833
4. Ian Maclnnes 918-9411
5. Maria Zoha
6. Dorothy Dudley Muth
7. Diane Blankenship (disabled; rides scooter; would be unsafe to cross street)
8. John and Evelyn Llewelyn (would harm quality of life)
9. Mr. and Mrs. Earle Gallaudet
IO. Joan Beckham
11. C. Elmer Kay - (put it by LEGOLAND) 438-2411
12. Wilma Connell 431-8120
13. Esther Reitnour
14. Florence and Robert Gill
15. Anthony Cereby
16. Helen McQuown 438-2311
17. Ruth Allen
18. Veronica McKim 438-3736
19. Gladys Meyers 438-1168
20. Ann Meyer (is legally blind) 438-3310
21. Ann Kelso 431-1271
22. Hazel M. Bado
23. Mr. and Mrs. Edward Burke
24. Collette and Victor Ford
Mr & Mrs Larry Rhinehart
7110 Santa Cruz
Carlsbad, CA 92009
(760) 603-0576
AGENDA ITEM # April 29,2OOO
C: Mayor city Council
Honorable Bud Lewis, Mayor City Mana@r
City of Carlsbad City Attorney
1200 Carlsbad Village Dr. City Clerk
Carlsbad, CA 92008-I 989
Dear Mayor Lewis:
My wife Judy and I are presently part time residents of Lakeshore Gardens
Mobilhome Park. We have owned our home here for four years, and upon our
planned retirement we intend to become full time residents. We love the city,
and we are generally supportive of your stewardship of the tremendous growth
that is ocurring.
Unlike the more vocal residents of Lakeshore Gardens who you have heard
from, Judy and I fully support the gasoline service station, mini-mart, and
car wash project proposed for the Poinsettia Village Shopping Center. By
issuing a Conditional Use Permit, city staff will be able to monitor and control any
problems which may develop in the future, and we trust you and your city council
colleagues to protect our health and safety interests.
We recognize that the Poinsettia Village property owners have rights to expand
the commercial use of their property as long as it is properly zoned according to
the city’s existing General Plan and any applicable Specific Plans. To deny them
that right would likely put the city in jeopardy for “taking” their property.
Although it may not mitigate the concerns of the project’s opponents, recent air
quality studies in the Los Angeles area have determined that the most significant
toxic health risks in the area result from vehicular exhaust emissions,
predominantly diesel, in areas near freeways, airports and railroads. Therefore
we believe that the “real” health risks in the Lakeshore Gardns area are mostly
attribuable to the traffic on the freeway and the railroad.
Sincerely,
Larry L. Rhinehart
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
North County Times
formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of
San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach
and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
April 22, 2000
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at , California
this 3&h day
of Anril.
This space is for the County Clerk’s Filing Stgmp
CIIY OF CARLSBAD
CITY CLEFM’S OFFICE
~
Proof of Publication of
Notice of Public
Head&Q
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