HomeMy WebLinkAbout2000-05-16; City Council; 15743; Chevron Poinsettia VillageI *
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r*rTY OF CARLSBAD - AGENDA BILL 0 13
AB# J, 3y TITLE:
MTG. 5- id-00 CHEVRON POINSETTIA VILLAGE
CUP 99-1 S/CDP 99-35
DEPT. CA
DEPT. HD.
CITY Al-W.
CITY MGR. s
RECOMMENDED ACTION: .
Adopt Resolution No. dmf’ - /SW&; introduce Ordinance No. :.- .__ ks- 544 and direct
staff to adjust the timing of signal crevices to allow the orderly movement of pedestrians and
vehicles.
ITEM EXPLANATION:
The City Council, at its meeting of May 2, 2000, voted 3-2 (Lewis, Kulchin) to approve the
Chevron Poinsettia Village and directed the City Attorney to return with documents
memorializing that approval. The Council found that the findings and conditions of the
Planning Commission were the findings and conditions of the Council, with the addition of six
new conditions as follows:
A. The developer shall submit a noise analysis of the site concurrent with
the first annual review of the conditional use permit for this site. Additional noise mitigation
measures may be required if the annual review indicates they are necessary or appropriate.
The exact additional mitigation measures shall be determined at a public hearing by the City
Council following recommendations by the Planning Commission.
B. The developer shall submit and obtain Planning Director approval of a
landscape plan, which will include landscaping in addition to that shown on the preliminary
landscape plan and in conformance of the City’s Landscape Manual. Additional landscaping
shall be placed adjacent to the car wash and sound wall, as appropriate, in order to screen the
appearance of the wall and to further mitigate noise impacts. The developer shall submit and
obtain Planning Director approval of this final landscape plan.
C. This site shall not be the subject of any future proposal for the retail
sale of alcoholic beverages and the applicant hereby waives his right to make such
application
D. No auto detailing or any other kind of manual or hand cleaning
operation or any kind of work or services requiring the continual presence of employees at the
car wash shall be permitted. The maximum hours of operation for the car wash shall be from
9:00 a.m. until 500 p.m. daily, including weekends.
E. The traffic circulation plan for this site shall incorporate measures to ensure vehicular movement flow in and out of the gas station site via direction signs and
striping. The revised plan shall be approved by the City Engineer.
F. The developer shall install a pedestrian sidewalk along the northern
edge of the shopping center entrance to provide access to pedestrians from the public street
to the shopping center. Cross walks and landings ‘shall be installed to facilitate pedestrian
access across the drive aisle at the entrance to the gas station. The sidewalk shall be
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Agenda Bill No. /s, /- g 3
Page 2
constructed so as to reduce or minimize its impacts on any required landscaping to the
satisfaction of the City Engineer.
Under California Vehicle Code section 21107.6 the City may provide for the enforcement of
the provisions of the Vehicle Code on private property open to the public for purposes of
vehicular travel to serve commercial establishments. The ordinance must describe the
privately owned and maintained roads that are subject to enforcement of the Vehicle Code.
The attached ordinance will allow the enforcement of the provisions of the Vehicle Code on
the Poinsettia Village.
Under Carlsbad Municipal Code section 10.44.010, the City Traffic Engineer is authorized to
regulate the timing of traffic signals in order to permit the orderly and safe movement of pedestrians and vehicles. It is recommended that the City Council direct the Traffic Engineer
to study and make the adjustments in the timing of signals at crosswalks providing pedestrian
access to the Lakeshore Gardens mobile home park taking into account its use by those
pedestrians that are elderly or visually and/or hearing impaired to the maximum feasible extent
and on the basis of traffic engineering principles and in accordance with the City’s standards,
limitations and rules set forth in CMC ~10.16.010.
FISCAL IMPACT:
Additional staff time in processing the required documents and future enforcement of the
provisions of the Vehicle Code which will depend on the frequency of traffic violations.
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 project’s
cumulative air 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 conditional 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 be 9:00 a.m. until 5:00 p.m. daily, including weekends. With these
measures in place, the potential noise impacts will be reduced to levels which are less than
significant.
EXHIBITS:
1. Resolution No. &~~~-/~~
2. Ordinance No. -ti ,( - $4 .q
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1 RESOLUTION NO. 2000-l 54
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM,
CONDITIONAL USE PERMIT, AND 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: CUP 99=15/GDP 9935
The City Council of the City of Cansbad; California, does hereby resolve
as follows:
WHEREAS, on March 15,2000, the Carlsbad Planning Commission held
a duly noticed public hearing to consider a proposed Mitigated Negative Declaration
1 and Mitigation Monitoring and Repotting Program, Site Development Plan Amendment,
Conditional Use Permit, and Coastal Development Permit to allow for the development
of a 12-pump gas station, car wash, and food mart, and adopted Planning Commission
Resolution No. 4738 approving the Site Development Plan Amendment and Resolution
Nos. 4737,4739, and 4740 recommending to the City Council that the Mitigated
19 Negative Declaration and M/tigation Monitoring and Reporting Program, Conditional
20 Use Permit, and Coastal Development Permit be approved; and
21 WHEREAS, the City Council of the City of Carlsbad, on May 2,200O held
22 a duly noticed public hearing to consider the recommendations and heard all persons
23 interested in or opposed to the Mitigated Negative Declaration and Mitigation
24 Monitoring and Reporting Program, Conditional Use Permit, and Coastal Development
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26 II Permit,
27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
26 Carlsbad, California, as follows:
Resolution No. 2000-I 54 Page 1 of 4
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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 the findings and conditions of the Planning Commission contained
in Planning Commission Resolution Nos. 4737,4739 and 4740, on file with the City
Clerk and incorporated herein by reference, are the findings and conditions of the City
Council with the following added conditions:
A. Interior noise as identified in the noise report submitted in
support of the application and on file in the Planning Department shall not exceed 43
dB. The developer shall submit a noise analysis indicating compliance with this
condition concurrent with the first annual review of the conditional use permit for this
site. Additional noise mitigation measures may be required if the annual review
indicates they are necessary or appropriate. The exact additional mitigation measures
shall be determined at a public hearing by the City Council following recommendations by the Planning Commission.
B. The developer shall submit and obtain Planning Director approval of a landscape plan, which will include landscaping in addition to that shown
on the preliminary landscape plan and in conformance of the City’s Landscape Manual.
Additional landscaping shall be placed adjacent to the car wash and sound wall, as
appropriate, in order to screen the appearance of the wall and to further mitigate noise
impacts. The developer shall submit and obtain Planning Director approval of this final
landscape plan.
C. This site shall not be the subject of any future proposal for the
retail sale of alcoholic beverages and the applicant hereby waives his right to make
such application.
D. No auto detailing or any other kind of manual or hand cleaning
operation or any kind of work or services requiring the continual presence of employees
at the car wash shall be permitted. The maximum hours of operation for the car wash
shall be from 9:00 a.m. until 5:00 p.m. daily, including weekends.
E. The traffic circulation plan for this site shall incorporate
measures to ensure vehicular movement flow in and out of the gas station site via
direction signs and striping. The revised -plan shall be approved by the City Engineer.
F. The developer shall install a pedestrian sidewalk along the
northern edge of the shopping center entrance to provide access to pedestrians from
Resolution No. 2000-I 54 Page 2 of 4
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the public street to the shopping center. Cross walks and landings shall be installed to
facilitate pedestrian access across the drive aisle at the entrance to the gas station.
The sidewalk shall be constructed so as to reduce or minimize its impacts on any
required landscaping to the satisfaction of the City Engineer.
3. This action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1 .I6 of the Carfsbad Municipal Code, ‘Time Limits for
Judicial Review” shall apply:
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section
1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any
petition or other paper seeking judicial review must be filed in
the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if
within ten days after-the decision becomes final a request for
the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated ‘cost of
preparation of such record, the time within which such petition
may be filed in court is extended to not later than the thirtieth
day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he
has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California
92008.”
EFFECTIVE DATE: This resolution shall be effective upon its adoption,
except as to the General Plan Amendment, which shall be effective thirty (30) days
following its adoption. .
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 16th day of May
Resolution No. 2000-I 54 Page 3 of 4
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2000 by the following vote, to wit:
AYES: Council Members Hall, Finnila and Nygaard
NOES: Council Members Lewis and Kulchin
ABSENT: Non@
Attest:
RAINE M. WOOD,&@ Clerk
BY: Janice Breitenfeld Deputy City Clerk
Resolution No. 2000-154 Page 4 of4
1 ORDINANCE NO. NS-544
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA TO ADD SECTION
10.12.070 TO THE CARLSBAD MUNICIPAL CODE TO
PROVIDE FOR THE ENFORCEMENT OF THE
CALIFORNIA VEHICLE CODE ON PRIVATE ROADS
The City Council of the City of Carlsbad, California does
ordain as follows:
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SECTION I: That section 10.12.070 of the Carlsbad Municipal Code is
added to read as follows:
“I 0.12.070 Enforcement of California Vehicle Code.
Pursuant to California Vehicle Code section 21107.6, the provisions of
Division 11 of the Vehicle Code entitled “Rules of the Road” shall apply to the following
privately owned and maintained roads:
a) All those privately owned and maintained roads within the
Poinsettia Village shopping center generally located at the southeast intersection of
Avenida Encinas and Poinsettia Road.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Cartsbad
within fifteen days after its adoption. 18
19 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
20 City Council on the 16th day of May ,2000, and thereafter
21 PASSED AND ADOPTED at a regular meeting of the City Council of the
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City of Carlsbad on the
wit:
AYES:
NOES:
day of , 2000, by the following vote, to
ABSENT:
Ordinance No. ~~-544 page lof 2
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APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
AI-I-EST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Ordinance No. NS-544 page 20f 2
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Frank- MaxChevron Poinsettia Village ~-~-_<----, Page 1
FOR THE !1ZFGR.MATION OF
From:
To:
Date:
Subject:
Barbara Kennedy
Frank Mannen
5/l 5/00 1:40PM Chevron Poinsettia Village
Without the noise wall, the worst case exterior noise level was anticipated to be 56 dBA under a worst
case situation when both the blower and vacuum units are in operation. With the noise wall in place, the
worst case exterior noise level is anticipated to be 52 dBA (City standard for exterior noise is 55 dBA).
The noise study indicates that there is 12 dBA reduction of noise from exterior to interior due to the size of
the window openings. Therefore, the worst case interior noise level is projected to be 40 dBA. The City’s
standard for interior noise levels is 45 dBA.