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HomeMy WebLinkAbout2000-05-16; City Council; 15743; Chevron Poinsettia VillageI * . Li . . - -. 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 , - 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 , v ’ * .I ’ II I . 1 RESOLUTION NO. 2000-l 54 a 9 10 11 12 2 3 Jr- 13 %P OW 8 b+l 14 '9cd :cg 15 gig3 =ags 16 bv 17 P-s t5 - 10 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 25 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 1 2 3 4 5 6 7 8 9 10 11 12 9 8 mWOl Yr- 13 488’ 18 19 20 21 22 23 24 25 26 27 26 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 1 i c 4 1: Y 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 0 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 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 6 9 10 11 12 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: ’ 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 22 23 24 25 26 27 28 City of Carlsbad on the wit: AYES: NOES: day of , 2000, by the following vote, to ABSENT: Ordinance No. ~~-544 page lof 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -_ -..- 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.