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HomeMy WebLinkAbout2014-07-22; City Council; 21701; Consider Addition to Costco Gas Station CanopyCITY OF CARLSBAD - AGENDA BILL 19 COSTCO GAS STATION CANOPY - CONSIDER APPROVING THE ADDITION OF (3) THREE NEW FUEL PUMPS AND A 2,080 SQUARE FOOT GAS STATION CANOPY ADDITION TO THE EXISTING COSTCO WHOLESALE FUELING STATION DEPT. DIRECTOR CITYATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT City Council Resolution No. 2014-191 APPROVING Conditional Use Permit Amendment CUP 90-03(E), Site Development Plan Amendment SDP 90-05(1), and Coastal Development Permit CDP 97-05(B), to add (3) three new fuel pumps and a 2 080 square foot gas station canopy addition to the existing COSTCO Wholesale fueling station on property at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 5 as recommended by the Planning Commission. Project Application(s) Administrative Approvals Planning Commission City Council CUP 90-03(E) RA X SDP 90-05(1) RA X CDP 97-05(B) RA X RA = Recommended Approval ^ = Final City decision-making authority ITEM EXPLANATION: The Costco Wholesale project was approved in 1991 and completed in October 1992. The existing fueling facility includes eight (8) pumps and a 3,136 square foot canopy. The existing facility is located near the main entrance to the COSTCO warehouse off of Palomar Airport Road. There is current construction activity at the time ofthis Agenda Bill preparation on the COSTCO property not associated with the application which is the installation of a 1,500 gallon fuel additive underground storage tank. The project application, three (3) new fuel pumps, will be located east of the existing pumps and the 2,080 square foot, 17.5 foot tall canopy addition will be attached to the east side ofthe existing canopy. The canopy addition is proposed with materials and colors which match the existing canopy. A portion of a landscape island will be removed to provide better vehicular access and queuing to the fueling station In addition to the fuel station expansion, an improvement to the Palomar Airport Road exit lanes will be made. Each of the four exit lanes will be widened to provide better space for through circulation. In order to gain the additional lane widths, the entry landscape island will have a portion reduced to a width of three feet and will be replanted with low shrubs and drip irrigation. DEPARTMENT CONTACT: Christer Westman 760-602-4614 christer.westmanOcarlsbadca.gnv FOR CITY CLERKS USE ONLY. M COUNCIL ACTION: APPROVED M CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The City Council is the decision making body for the Conditional Use Permit amendment. Site Development Plan amendment, and Coastal Development Permit amendment since the site is located within the Commercial Visitor Serving Overlay Zone and the proposed gas station canopy is over 1 000 SF. On May 7, 2014, the Planning Commission recommended approval (6-0; Former Commissioner Schumacher's seat is vacant) of the Conditional Use Permit amendment. Site Development Plan amendment, and Coastal Development Permit amendment. No public comments were received during the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete description and staff analysis ofthe proposed project is included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval ofthe proposed discretionary actions. FISCAL IMPACT: There are no fiscal impacts associated with the proposed Conditional Use Permit amendment. Site Development Plan amendment, and Coastal Development Permit amendment. ENVIRONMENTAL IMPACT: The City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 ofthe State CEQA Guidelines - Existing Facilities. The proposed building addition is less than 10,000 SF, the site is zoned for the proposed commercial use, all public services and facilities needed to serve the use are in place, and the surrounding areas are developed and are not environmentally sensitive. A Notice of Exemption will be filed upon approval of the project. EXHIBITS: 1. City Council Resolution No. 2014-191 2. Location Map 3. Planning Commission Resolution No. 7049, dated May 7, 2014 4. Planning Commission Staff Report, dated May 7, 2014 5. Excerpts of Planning Commission Minutes, dated May 7, 2014. EXHIBIT 1 RESOLUTION NO. 2014-191 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CAUFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT, SITE DEVELOPMENT PLAN AMENDMENT, AND 4 COASTAL DEVELOPMENT PERMIT AMENDMENT TO ADD (3) THREE NEW FUEL PUMPS AND A 2,080 SQUARE FOOT GAS STATION CANOPY TO THE EXISTING COSTCO WHOLESALE FUELING 6 STATION LOCATED ON PROPERTY AT 951 PALOMAR AIRPORT ROAD WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL 7 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COSTCO GAS STATION CANOPY ^ CASE NO.: CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(8) 5 9 10 13 14 15 16 17 28 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 12 Commission did, on May 7, 2014, hold a duly noticed public hearing as prescribed by law to consider Conditional Use Permit Amendment No. CUP 90-03(E), Site Development Plan Amendment SDP 90-05(1), and Coastal Development Permit Amendment CDP 97-05(B); and WHEREAS, the City Council ofthe City of Carlsbad, on the 22nd day ofJ"'y 2014, held a duly noticed public hearing to consider adoption of Conditional Use Permit Amendment CUP 90-03(E), Site Development Plan Amendment SDP 90-05(1), and Coastal 19 Development Permit Amendment CDP 97-05(B); and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the adoption of Conditional Use Permit Amendment CUP 90-03(E), Site Development Plan Amendment SDP 90-05(1), and Coastal Development Permit Amendment CDP 97-05(8). NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 2. That the recommendation of the Planning Commission for the approval 2 of Conditional Use Permit Amendment CUP 90-03(E), Site Development Plan Amendment SDP 90-05(1), and Coastal Development Permit Amendment CDP 97-05(8) is adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning ^ Commission Resolution No. 7049 on file with the City Clerk and incorporated herein by reference, are the findings and conditions ofthe City Council. 3 5 6 7 10 11 13 14 15 16 19 20 21 22 23 24 "NOTICE TO APPLICANT" The time within which judicial review ofthis decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of g Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on 9 which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or 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 •^2 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, CA. 92008. /// /// /// 17 /// 18 /// /// /// /// /// /// 25 /// 26 /// 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 22nd day of July 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL Mayor ATTEST: BARBARA ENGLESON, Cfty Clerk EXHIBIT 2 NOT TO SCALE SITE IVIAP Costco Gas Station Canopy CUP 90-03(E) / SDP 90-05(1) / CDP 97-05(B) ip 14 15 16 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7049 EXHIBIT 3 1 2 „ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT, SITE DEVELOPMENT PLAN 4 AMENDMENT, AND COASTAL DEVELOPMENT PERMIT AMENDMENT TO ADD THREE (3) NEW FUEL PUMPS AND A 2,080 SQUARE FOOT GAS STATION CANOPY TO THE EXISTING COSTCO WHOLESALE FUELING STATION LOCATED ON PROPERTY AT 951 PALOMAR AIRPORT ROAD WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5. THE PROJECT QUALIFIES AS A CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) g CATEGORICAL EXEMPTION. CASE NAME: COSTCO GAS STATION CANOPY 9 CASE NO.: CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(Bl 10 WHEREAS, Costco Wholesale Corporation, "Developer/Owner," has filed a verified 11 application with the City of Carlsbad regarding property described as 12 Parcel B as shown on Certificate of Compliance No. 499 as evidenced by document recorded November 25, 1997 as Instrument No. 1997- 0597508 of official records, being more particularly described as Parcel 2 of Parcel Map No. 17542, in the City of Carisbad, County of San Diego, State of California, filed in the office of the county recorder of San Diego County, June 27,1995 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use Permit 18 Amendment, Site Development Plan Amendment, and Coastal Development Permit Amendment, as 19 shown on Exhibits "A - H" dated May 7, 2014, on file in the Planning Division, CUP 90-03(E)/SDP 90- 20 05(I)/CDP 97-05(8) - COSTCO GAS STATION CANOPY as provided by Chapters 21.208, 21.06, and 21 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 7, 2014 , hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, on May 21, 1991, the City Council approved CUP 90-03, described and conditioned in Planning Commission Resolution No. 3210, and most recently approved an amendment, CUP 90-03(D), on November 19, 2013 as described and conditioned in Planning Commission Resolution No. 7015; and 1 2 3 4 5 6 7 WHEREAS, on May 21, 1991, the City Council approved, SDP 90-05 described and conditioned in Planning Commission Resolution No. 3209; and most recently approved an amendment, SDP 90-05(H), on November 19, 2013 as described and conditioned in Commission Resolution No. 7015; and WHEREAS, on August 6, 1997, the City Council approved, CDP 90-07 described and conditioned in Planning Commission Resolution No. 4145; and most recently approved an amendment, g SDP 90-05(A), on July 9, 2000 as described and conditioned in Commission Resolution No. 4794; and 9 WHEREAS, at said public hearing, upon hearing and considering all testimony and 10 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to 11 the Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal Development 12 Permit Amendment. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of 14 Carlsbad as follows: A) That the foregoing recitations are true and correct. 15 16 B) That based on the evidence presented at the public hearing, the Planning Commission 17 RECOMMENDS APPROVAL of CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(B) - COSTCO GAS STATION CANOPY based on the following findings and subject to the following 18 conditions: 19 Findings: 20 Conditional Use Permit 21 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the COSTCO warehouse will continue to provide convenient and safe access to goods desired by the community, and that the proposed fuel pumps and canopy additions are consistent with the General Plan and Local Coastal Program as discussed in Sections "A" and "E" of the staff report. 23 24 25 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in 26 the zone in which the proposed use is to be located, in that the three (3) fuel pumps and 2,080 sq. ft. canopy addition to the existing COSTCO warehouse is a component of a retail use that 27 is permitted in the C-2-Q Zone. 28 PC RESO NO. 7049 1 3. That the site for the proposed conditional use is adequate in size and shape to accommodate 2 the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning 3 commission or city council, in order to integrate the use with other uses in the neighborhood, in that the three (3) fuel pumps and 2,080 sq. ft. canopy addition complies with all required 4 development standards; is located entirely within or adjacent to a disturbed and constructed building footprint previously established by the existing fueling station, all required fencing, ^ landscape trees, and parking will remain in place and the proposed improvements are adequately screened from public view in that they are located internal to the site near the main COSTCO entrance and the COSTCO property is separated by 650 feet from the nearest ^ residential use. Approximately 2,250 square feet of landscape islands will be replaced with additional queuing for the fuel station and wider exiting lanes at Palomar Airport Road. 8 4. That the street system serving the proposed use is adequate to properly handle all traffic 9 generated by the proposed use, in that the anticipated ADT generated by the three new fuel pumps is 480 which is 1.2% of the design capacity of Palomar Airport Road which is a prime 10 arterial. 11 5. 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 12 use and site location within the overlay zone, in that the COSTCO Wholesale warehouse includes surplus parking and was designed to accommodate a large volume of customers and 13 that the three (3) fuel pumps and 2,080 sq. ft. canopy addition will provide better access to goods. 14 6. That the building forms, building colors, and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone, in that the three (3) fuel pumps and 2,080 sq. ft. canopy addition are proposed with colors and materials used on the existing COSTCO fueling 27 station which was approved in 1997 prior to the building design requirements of the overiay zone which was approved in 1999. 18 7. That the project complies with all development and design criteria of the overlay zone, in that 19 all applicable standards of the overlay zone are satisfied as discussed in Table "5" of the Planning Commission staff report dated May 7, 2014. 20 21 8. That the requested use is properly related to the site, surroundings and environmental settings, 22 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 23 use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the various goals and objectives of the General Plan will be implemented as discussed in 24 Section "A" of the staff report. The architecture of the addition is the same as the existing fueling station. The location of the addition will not disrupt the existing vehicular circulation 25 on the site in that it is in-line with existing driveways. Additional queuing is provided east of the existing and proposed fuel pumps. The additional 480 average daily trips (ADTs) 26 generated by this use can be accommodated on Palomar Airport Road, and the surrounding intersections are operating at an acceptable level of service. Further, the proposed addition to the existing fuel station is compatible with the existing other retail uses in the area; therefore, the adjacent properties will not be adversely impacted. ^ PC RESO NO. 7049 -3- Site Development Plan 1 „ That the site for the intended use is adequate in size and shape to accommodate the use, in 2 that, the three (3) fuel pumps and 2,080 sq. ft. canopy addition complies with all required development standards and is located entirely within or adjacent to a constructed building 3 footprint previously established by the existing COSTCO fueling station. 4 10. 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 provided and 5 maintained, in that the addition complies with all required setbacks and development standards, no special features are required to adjust the proposed addition to existing or permitted future uses since the three (3) fuel pumps and 2,080 sq. ft. canopy addition is located entirely within or adjacent to a constructed building footprint previously established by the existing COSTCO fueling station. 11. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the anticipated ADT generated by the three (3) fuel pumps and 2,080 sq. ft. canopy addition is 480 which is 1.2% of the design capacity of Palomar Airport Road which is a prime arterial. Coastal Development Permit 12 12- That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the proposed additions are 13 consistent with the LCP Land Use Plan, which designates the site Regional Commercial (R) and allows for regional commercial-related uses. Furthermore, no agricultural activities, sensitive 14 resources, geological instability, flood hazard, or coastal access opportunities exists onsite, and the development does not obstruct views of the coastline as seen from public lands or 15 public right-of-way or otherwise damage the visual beauty of the coastal zone. 16 13. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the 17 project will not interfere with the public's right to physical access to the ocean and the commercially designated site is not suited for water-oriented recreation activities. 18 14. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone 1^ (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no natural steep slopes > 25% gradient will be affected by the project, and no native vegetation is located on 22 ^he subject site. In addition, the project site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 23 15. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the 24 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 25 21.202 of the Zoning Ordinance). 26 16. 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 27 (Chapter 21.204 ofthe Zoning Ordinance). 20 21 28 PC RESO NO. 7049 -4- General 17. The Planning Commission finds that the project, as conditioned herein, is in conformance with 2 the Elements of the City's General Plan based on the facts set forth in the staff report dated May 7, 2014 including, but not limited to the following: 4 5 21 22 23 26 27 28 Land Use - The proposed project, an addition to an existing COSTCO Wholesale fueling station provides regional commercial services, draws customers from outside the city, generates tax revenue and jobs, and provides goods and services to residents in the city. 6 Circulation - The proposed project will not adversely impact the onsite traffic circulation in that the existing western driveway that accesses Palomar Airport Road will be maintained and the existing eastern driveway exiting lanes will be enhanced through widening each of the lanes. The parking lot has been designed to meet the minimum fire access requirements, In addition, the proposed project (480 ADT) will not adversely impact the levels of service of the surrounding roadways and key intersections, which are operating at an acceptable level of service. 7 8 9 10 Noise - The additional fuel pumps will not generate additional noise. In addition, as all of the 22 nearby adjacent land uses are also retail-related or open space, the proposed project is compatible with the adjacent properties. 12 Open Space and Conservation - Open Space will be protected since a storm water 13 management plan has been prepared for the proposed project. In addition, the project has been conditioned to conform to all NPDES requirements and Best Management Practices. 14 Public Safety - The project is protected from seismic activity since the proposed structural 15 improvements have been designed in conformance with all seismic design standards. 16 18. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all City public policies and ordinances. The project 17 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; 18 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 15 development prior to or concurrent with need. 20 19. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301, Existing Facilities, of the state California Environmental Quality Act (CEQA) Guidelines, ofthe state CEQA Guidelines. 20. The Planning Commission has reviewed each of the exactions imposed on the Developer 24 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 25 of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7049 1 „ Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 3 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented 4 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; record a notice of violation on the property title; 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 g Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal Development Permit Amendment. 9 Staff is authorized and directed to make, or require the Developer to make, all corrections and 10 modifications to the Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal Development Permit Amendment documents, as necessary to make them 11 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 12 from this approval, shall require an amendment to this approval. -^3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 14 15 16 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 17 determines that the project without the condition complies with all requirements of law. 18 5. 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 19 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, 20 from (a) City's approval and issuance of this Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal Development Permit Amendment, (b) City's 21 approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 22 23 24 25 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site Plan dated May 7, 2014 reflecting the conditions approved by the final decision-making body. 26 7. This project shall comply with all conditions and mitigation measures which are required as part 27 of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 28 PC RESO NO. 7049 -6- 1 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building 2 Division from the Carisbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 9. This approval shall become null and void if building permits are not issued for this project within 4 24 months from the date of project approval. 10. 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. 5 6 7 8 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the 9 License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code 10 Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building 11 permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12 12. CUP 90-03(E) shall be reviewed by the City Planner annually to determine if all conditions of this 13 permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If, at any time, the City 14 Council, Planning Commission, or City Planner determines that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code 1^ 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 forthe health, safety, and general welfare ofthe City. 18 13. This project shall comply with all conditions required as part of the approved Conditional Use 19 Permit (CUP 90-03(D)) as contained in Planning Commission Resolution No. 7015. 2Q 14. This Conditional Use Permit Amendment is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial 21 detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 22 15. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of 23 Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, 24 notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment, Site Development Plan Amendment, and Coastal 25 Development Permit Amendment by Resolution No. 7049 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project 26 details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record 2^ an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 7049 -7- 1 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and 2 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 3 Community Development and Planning. 4 Engineering 5 6 14 15 18 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 17. Prior to hauling construction materials to or from any proposed construction site within this g project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 9 18. Developer shall re-configure the existing median and re-stripe the traffic lanes exiting onto 10 Palomar Airport Road at the intersection with Armada Dr. in conformance with the layout shown on the site plan. Work to be done shall be shown as a construction revision to Sheet 5 11 of City DWG 323-9A to the satisfaction of the city engineer. Reconstruction and re-striping of the lanes must be completed prior to the issuance of a grading or building permit, whichever 12 comes first. 13 19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the 2g discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the 27 above requirements. Code Reminders: 19 20. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and 20 floor area contained in the staff report and shown on the site plan are for planning purposes only. 21 21. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management 22 fee for Zone 5 as required by Carlsbad Municipal Code Section 21.90.050.Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad ^3 Municipal Code. 24 22. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 25 Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 26 23. The project shall comply with the latest nonresidential disabled access requirements pursuant 27 to Title 24 of the California Building Code. 28 PC RESO NO. 7049 -8- 1 24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code 2 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 City 3 Planner prior to installation of such signs. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village g Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the 7 appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal priorto any Judicial review. 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." 8 9 10 11 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you 22 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 23 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. 14 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 15 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 16 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. 17 18 19 20 21 22 23 24 25 26 27 PC RESO NO. 7049 1 2 3 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, California, held on May 7, 2014 by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall 4 and Siekmann NOES: ABSENT: ABSTAIN: 11 NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 12 " 13 ATTEST: DON NEU City Planner PC RESO NO. 7049 -10- EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: May 7, 2014 SUBJECT: Application complete date: February 24, 2014 Project Planner: Christer Westman Project Engineer: Steve Bobbett CUP 90-03(El/SDP 90-05(n/CDP 97-05fBl - COSTCO GAS STATION CANOPY - Request for a recommendation of approval of a Conditional Use Permit Amendment CUP 90- 03(E), a Site Development Plan Amendment SDP 90-05(1), and a Coastal Development Permit Amendment CDP 97-05(B) to add three (3) new fuel pumps and a 2,080 square foot gas station canopy addition to the existing COSTCO Wholesale fueling station on property located at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing Facilities" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. This project is not located within the appealable area of the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7049 RECOMMENDING APPROVAL of Conditional Use Permit Amendment CUP 90-03(E), Site Development Plan Amendment SDP 90-05(1), and Coastal Development Permit Amendment CDP 97-05(B), based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The 14.8 acre project site is located at 951 Palomar Airport Road. Table 1 below includes the General Plan designations, zoning, and current land uses ofthe project site and surrounding properties. TABLE 1 Location General Plan Designation Zoning Current Land Use Site Regional Commercial (R) General Commercial - Qualified Overlay (C-2-Q) COSTCO Wholesale building and gas station North Open Space (OS) Open Space (OS) Flower Fields South Open Space (OS) Open Space (OS) Preserved Open Space East Open Space (OS) Open Space (OS) Preserved Open Space West Travel Recreation (TR) Office (0) Tourist Commercial (C-T) Residential Professional (RP) Residential Agricultural (R-A) Commercial Office CalTrans Yard 11 CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(B) - COSTCO GAS STATION CANOPY May 7, 2014 Page 2 The Costco Wholesale project was approved in 1991 and completed in October 1992. The existing fueling facility includes eight (8) pumps and a 3,136 sq.ft. canopy. The existing facility is located near the main entrance to the COSTCO warehouse off of Palomar Airport Road. The three (3) new fuel pumps will be located east ofthe existing pumps and the 2,080 square foot, 17.5 foot tall canopy addition will be attached to the east side of the existing canopy. The canopy addition is proposed with materials and colors which match the existing canopy. A portion of a landscape island will be removed to provide better vehicular access and queuing to the fueling station In addition to the fuel station expansion, an improvement to the Palomar Airport Road exit lanes will be made. Each of the four exit lanes will be widened to provide better space for through circulation. In order to gain the additional lane widths, the entry landscape island will have a portion reduced to a width of three feet and will be replanted with low shrubs and drip irrigation. Table 2 below includes the project site's gross and net acreage. TABLE 2 Gross Acres Net Acres 14.8 acres 14.8 acres III. ANALYSIS The proposed project is subject to the following plans, ordinances, and standards: A. Regional Commercial (R), General Plan Land Use Designation; B. Carlsbad Municipal Code, Title 21, Chapter 21.06 - Qualified Development Overlay Zone; C. Carlsbad Municipal Code, Title 21, Chapter 21.28 - General Commercial Zone; D. Carlsbad Municipal Code, Title 21, Chapter 21.208 - Commercial/Visitor-Serving Overlay Zone; E. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program; and Carlsbad Municipal Code, Title 21, Chapter 21.201 - Coastal Development Permit Procedures; and Carlsbad Municipal Code, Title 21, Chapter 21.203 - Coastal Resource Protection Overlay Zone; F. Carlsbad Municipal Code, Title 21, Chapter 21.90 Growth Management Ordinance; and Zone 5 Local Facilities Management Plan. The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. Therefore, this section will cover the project's compliance with each ofthe regulations listed above in the order in which they are presented. A. Regional Commercial (R), General Plan Land Use Designation The site has a Regional Commercial (R) General Plan Land Use designation. The R designation identifies areas that are intended for commercial centers that draw customers from outside of the City. For this reason, R designated properties are customarily located on sites that are visible as well as accessible from interchange points between highways and freeways. The following Table 3 identifies General Plan goals and objectives relevant to the proposed project and describes the compliance ofthe proposal. CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(B) - COSTCO GAS STATION CANOPY May 7, 2014 PaRe 3 TABLE 3 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL OBJECTIVE, OR PROGRAM PROPOSED USES 8i IMPROVEMENTS COMPLY? Land Use Commercial Goal A.1: Provide a healthy and diverse economic base and quality commercial development to serve the employment, shopping, and service needs. Commercial Goal A.2: Provide for the development of compatible regional commercial uses. The Costco facility, including the fueling station addition improvements, is a regional commercial use which draws customers from outside the city, generates tax revenue and jobs, and provide goods and services to residents in the city. Yes Circulation Circulation Objective B.l: Provide adequate circulation infrastructure concurrent with or prior to the actual demand for such facilities. All required roadway and onsite improvements were constructed in conjunction with the development ofthe existing retail building and fueling station. The project does include improving the existing four lanes exiting onto Palomar Airport Road by expanding their widths. Yes Open Space 8i Conservation Water Quality Protection Policy and Action Program C.4: Utilize Best Management Practices for control of storm water and to protect water quality. A storm water management plan has been prepared for the proposed project. In addition, the project has been conditioned to conform to all NPDES requirements and Best Management Practices. Yes Public Safety Geology and Seismic Safety Policy and Action Program C.17: Design all structures in accordance with the seismic design standards ofthe California Building Code (CBC) and State building requirements. The proposed structural improvements have been designed in conformance with all seismic design standards. Yes Noise Land Use Objective B.l: Achieve noise compatibility between commercial and surrounding land uses The COSTCO project and fueling station additions is adjacent to other commercial uses and open space neither of which would be adversely affected by noise generated at the site. Yes B. Carlsbad Municipal Code, Title 21, Chapter 21.06 - Qualified Development Overlay (Q) Zone The project site is located within a Qualified Development Overlay (Q) Zone and no building permit or other entitlement shall be issued for any use in the Q zone unless there is a valid site development plan approved for the property. The existing COSTCO Wholesale fueling station was approved by SDP 90- 05(C). There have been several subsequent amendments to the SDP and this amendment SDP 90-05(1) 1 CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(B) - COSTCO GAS STATION CANOPY May 7, 2014 Page 4 is the ninth. The required findings for approval of the SDP can be made. The project is the addition of three (3) new fuel pumps and a 2,080 square foot gas station canopy addition. The additions fit within the boundaries ofthe property, they do not encroach into any required parking area, landscape area, or setback area, and the COSTCO property is separated by 650 feet from the nearest residential use. The additions will add 480 average daily trips but not significantly increase traffic on the existing roadways or increase the need for other public services but will provide for more efficient vehicle fueling for existing and future customers. C. Carlsbad Municipal Code, Title 21, Chapter 21.28 - General Commercial (C-2) Zone The project complies with the General Commercial Zone development standards as shown in Table 4. TABLE 4 - GENERAL COMMERCIAL COMPLIANCE Standard Maximum Provided Complies Building Height 35 feet Canopy: 17 feet 6 inches Yes Setbacks None Required N/A N/A D. Carlsbad Municipal Code, Title 21, Chapter 21.208 - Commercial/Visitor-Serving Overiay Zone The existing COSTCO Building project was approved as Price Club in 1991 prior to the adoption of the Commercial/Visitor Serving Overlay Zone in 1999. However, for existing buildings within the overlay zone, additions that invoke the requirement for additional parking or additions that are more than two hundred square feet of increased building area, require that the new or intensified portion of the existing use shall be subject to all ofthe procedures, standards and conditional use permit requirements of the overlay zone. Since the canopy addition is 2,080 square feet, it is subject to the overlay zone and requires the approval of a Conditional Use Permit by the City Council. The project complies with all applicable Commercial/Visitor-Serving Overlay development and design standards as shown on Table 5 below: TABLE 5 - COMMERCIAL/VISITOR-SERVING OVERLAY ZONE COMPLIANCE Standard Maximum/Minimum Provided Complies Parking: warehouse building 151,128 square feet. No parking required for the fueling station canopy or pumps. General Sales: One space per 300 square feet plus two for employees. 504 + 3 spaces required (507) 751 spaces Yes Building Height 35 feet maximum 17.5 feet Yes Palomar Airport Road Setback 50 feet minimum 330 feet Yes Setbacks Side Rear 10 feet minimum 10 feet minimum 130 feet 195 feet Yes Yes Building Materials per discretionary approval TBD The canopy addition uses the same materials and white color as the existing canopy. Yes Alternative Architectural Style TBD Color, texture, and trim used are the same as on the existing canopy. Yes CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(B) - COSTCO GAS STATION CANOPY May 7, 2014 Pages The addition is desirable for the community since the additional fuel pumps will provide better access to fuel. In addition, the 2,080 square foot canopy addition is located entirely within or adjacent to a disturbed and constructed footprint established by the existing fueling station and will not create significant impacts that would be detrimental to existing or other uses permitted in the vicinity. The COSTCO facility was designed to accommodate a large volume of customers including surplus parking. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the anticipated ADT generated by the three new fuel pumps is 480 which is 1.2 % of the design capacity of Palomar Airport Road which is a prime arterial. E. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program; and Carlsbad Municipal Code, Title 21, Chapter 21.201 - Coastal Development Permit Procedures; and Carlsbad Municipal Code, Title 21, Chapter 21.203 - Coastal Resource Protection Overiay Zone Mello II Segment ofthe Local Coastal Program The subject site is located in the Mello II Segment of the Carlsbad Local Coastal Program and is subject to the approval of a Coastal Development Permit, however, it is not located within the Coastal Commission's appeal area. The project site has an LCP Land Use designation of Regional Commercial (R) and Zoning of C-2-Q which are consistent with the City's General Plan and Zoning. The project's consistency with the (R) General Plan Land Use designation is analyzed in Section "A" above. The proposed project, which includes an addition to the fueling station, is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program, the Coastal Program implementing ordinance (Zoning Ordinance), and the Coastal Resource Protection Overlay Zone. The project site is currently developed with an eight (8) pump fueling station. The project is consistent with the surrounding development, which includes commercial uses and open space uses. The proposed addition will not obstruct views of the coastline as seen from public lands or the public right-of-way nor otherwise damage the visual beauty ofthe coastal zone. No agricultural uses currently exist on the developed site, nor are there any sensitive resources located in the area of the proposed addition. In addition, the proposed addition is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the commercially-designated site is not suited for water-oriented recreation activities. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run- off, pollutants and soil erosion. No development is proposed in areas of natural steep slopes > 25% gradient, and no native vegetation will be removed. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(8) - COSTCO GAS STATION CANOPY May 7, 2014 Page 6 F. Carlsbad Municipal Code, Title 21, Chapter 21.90 Growth Management Ordinance, and Zone 5 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 5 in the southwest quadrant of the City. The impacts on public facilities created by the project (three fuel pumps and 2,080 sq.ft. canopy), and its compliance with the adopted performance standards, are summarized in Table 6 below: TABLE 6 - GROWTH MANAGEMENT STANDARD IMPACTS COMPUANCE? City Administration Not Applicable N/A Library Not Applicable N/A Waste Water Treatment Not Applicable Yes Parks Not Applicable N/A Drainage 13.78 CFS Yes Circulation 480 ADT Yes Fire Station No. 4 Yes Open Space Not Applicable N/A Schools Not Applicable N/A Sewer Collection System Not Applicable Yes Water Not Applicable Yes IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment; therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15301, Existing Facilities, of the California Environmental Quality Act (CEQA) Guidelines. In light ofthe above, a Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7049 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits "A-H" 5. Full Size Exhibit "A - H" dated May 7, 2014 .^'-^ J \ \ a A SITE MAP A/ NOT TO SCALE Costco Gas station Canopy CUP 90-03(E) / SDP 90-05(1) / GDP 97-05(8) ^ DISCLOSURE Development Services < r STATEMENT Planning Division "^^CITYOF P. 1/A\ 163S Faraday Avenue CAQl ^RAH ^ ' (760)602 4610 V-r\r\l-^lJAAL-/ www.carlsbadc3.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require dlscretionaiy actton on the part of the City Councii or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of applicatton sufamittaL Your project cannot be reviewed until this information is completed. Piease pdnt. Note: Parson is defined as "Any Individual, fiim, copartnership, joint venture, association, social club, firatemal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and counfy, cify munidpatity, district or other political subdivision or any other group or combination acting as a unit' Agent* may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the appBcant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest In the ap|:dlcation. If the applicant includes a corporation or partnerahio. include the names, titles, addresses of ali individuate 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 Dubliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) feraon Corp/Part Co^rco t^->a^>ctwft r»no.y.j^^^i Title , Title . Address ^ Address W i jiwjg \ftv»ivtg ^ ..s.. Hbox-^- 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL. 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, corporafion, etc.). If the ownership includes a corporation or partnerahio. include the names, titles, addresses of all individuals owning more »ian 10% ofthe shares. IP NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a oubKclv-owned corporation, include the names, titles, and addresses ofthe corpwate officers. (A separate page may be attached if necessary.) P^f^ori, _ Corp/Part coi^rf <^ vts^f^a . Tftie. Title ^^^•"^^ Address x^Y^»^(g , '\^\>'u:^ P'^W Pagat<3f2 Revi8ed07/10 NON-PROFIT ORGANIZATION OR TRUST jf any person identified pursuant to (1) or (2) above Is a nonprofit orQani'zation or a tni.^t listjhe names and addresses of ^ person sending as an officer or director of the non- prom organization or as trustee or beneftoiary of the. Non Profitn-fust Non ProfitnTrust ™e ., Title - •• Address 4. Have you had more than $500 worth of business transacted with any member of City months?^ <^o'"f"'83?on8. Committees and/or Council within the past twelve (12) n Yes 12 No If yes. piease Indicate person(s): NOTE: Attach additional sheets if necessary. ^ I certify that all the^^ve infection is true and cornet to the best o/m/ knowiedgi Pnnt orlype name of owner c»YU.^i^>*morJ Print or type name of applicant Signature of owner/applicanfs agent if applicable/date Print or type name of owner/applicant's agent Page 2 of 2 Revlsad 07/10 y^ o o cn o O m C/) > m o m o m z: > O m a H m D O o N) > wo m 3 8« 5K ll tl o o o o m > m m z r" > O m D D m r" > SBB 1 Ml to m 11 o 1 sil 1— -H o i z i 1 ^ i z i 1 ^ i OTE s CO H3ii0ioa aiaioiioq STOP STOP STOP 0 0 =3 C==3 B I. c: = = 3 C = = 3 .1 I. I 1 : = = 3 c-==i •A V 0 0 0 0 0!° ! 0 0 ! O Oo O Oo D D o CO TJ 7) 7S 1f\ o > PD I— CO > a o > o Z o o H o OD m N5 O o > I— w CD > O o > 1— •n O 73 O O H o OD m o <o ro o 1/I4/M11 10:1*07 AU \\01u».EItVltI»u«tVTOJECIS\!11S- «ISIC0\W9-» ^3 hist I »h * pi' •ill 'fit 111 ^ 1 ©©©© @ ® ©0® 2 1 S 3 n -o S S I? I s'» s '^rl\ P III i g BBB B S 5 SO R PIPS!! ^ li I iliSi P c PsP 0 I « ii ffSt§9 • i ammm t ii'lC ii 'I o b Oz •Do * if li Is liiP i Mi'i ill Si i ill Hi ii' si: s-f 11! pl lit Ui k S3 « I'l 'if i I I h R H "7 '? "33 EXHIBIT 5 Planning Commission Minutes lVlay7,2014 Page 2 1. CDP 13-30 - DE ANDA RESIDENCE - Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Coastal Development Permit to allow for the construction of a 3,412 square foot single family residence within the Mello II Segment ofthe city's Coastal Zone located on the west side of Jefferson Street, south of Las Flores Drive and within Local Facilities Management Zone 1. The project site is within the appealable area of the California Coastal Commission. 2. CUP 90-03(EVSDP 90-05(n/CDP 97-05IB) - COSTCO GAS STATION CANOPY - Request for a recommendation of approval of a Conditional Use Permit Amendment CUP 90-03(E), a Site Development Plan Amendment SDP 90-05(1), and a Coastal Development Permit Amendment CDP 97-05(8) to add three (3) new fuel pumps and a 2,080 square foot gas station canopy addition to the existing COSTCO Wholesale fueling station on property located at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing Facilities" ofthe State CEQA Guidelines and will not have any adverse significant impact on the environment. This project is not located within the appealable area of the Califomia Coastal Commission. Mr. Neu stated Agenda Items 1 and 2 would normally be heard in a public hearing context; however, the projects appear to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 1 or 2. Chairperson Black asked if any member of the audience wished to address Agenda Item 1 or 2. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission approve Agenda Items 1 and 2. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Scully, Commissioner Segall and Commission Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Items 1 and 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. CT 13-05/RP 13-15- STATE STREET TOWNHOMES - Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054- 19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. 3H PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp 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 UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 11^, 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This/f?^^WJ<^ly 2014 Jane Allshouse UT NORTH COUNTY Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING SNOTICE IS HEREBY GIVEN to you, because vour in ^erest may be affected, that the aty Council of thP - City of Carisbod will hold a public hearing at the Coun California,"'af'6?£S^p^.^^'. Xs^^j^ill^ OSTET^HU?/ °n conditional Use Ji'^'^Amendment° CUP%%' Amendment SDP 9M5(I) and a'coa.5tn^n£»'(^'°P'^^*"t, Amendment CDP 97-05(B) to add thrpp n..Xf'^^''"''^ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 22, 2014, to consider approval of a Conditional Use Permit Amendment CUP 90-03(E), a Site Development Plan Amendment SDP 90-05(1), and a Coastal Development Permit Amendment CDP 97-05(B) to add three (3) new fuel pumps and a 2,080 square foot gas station canopy addition to the existing COSTCO Wholesale fueling station on property generally located at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 5 and more particularly described as: Parcel B as shown on Certificate of Compliance No. 499 as evidenced by document recorded November 25, 1997 as Instrument No. 1997-0597508 of official records, being more particularly described as Parcel 2 of Parcel Map No. 17542, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the county recorder of San Diego County, June 27, 1995 Whereas, on May 7, 2014 the City of Carlsbad Planning Commission voted 6-0 to recommend approval of a Conditional Use Permit Amendment CUP 90-03(E), a Site Development Plan Amendment SDP 90-05(1), and a Coastal Development Permit Amendment CDP 97-05(B) to add three (3) new fuel pumps and a 2,080 square foot gas station canopy addition to the existing COSTCO Wholesale fueling station on property located at 951 Palomar Airport Road within the Mello II segment ofthe Local Coastal Program and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing Facilities" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. This project is not located within the appealable area ofthe California Coastal Commission. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after July 18, 2014. If you have any questions, please contact Christer Westman in the Planning Division at (760) 602-4614 or christer. westman@carlsbadca.qov. If you challenge the Conditional Use Permit Amendment, Site Development Plan Amendment or Coastal Development Permit 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 Cadsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 90-03(E)/SDP 90-05(l)/CDP 97-05(B) CASE NAME: COSTCO GAS STATION CANOPY PUBLISH: July 11, 2014 CITY OF CARLSBAD CITY COUNCIL wor TO SCALE SITE IVIAP Costco Gas Station Canopy CUP 90-03(E) / SDP 90-05(1) / CDP 97-05(B) AM3AV-OD-008-1 UIOyAjBAB'NMNi JEFFREY T & REBECCA VOGEL 998 TURNSTONE RD CARLSBAD, CA 92 011-1215 RICHARD J SCHROEDER 1014 TURNSTONE RD CARLSBAD, CA 92011-1217 SCHWAEBE 103 9 TURNSTONE RD CARLSBAD, CA 92011-1219 SHAW 1027 TURNSTONE RD CARLSBAD, CA 92011-1219 EHRLICH 1015 TURNSTONE RD CARLSBAD, CA 92011-1219 JAMES J & DONNA KOZAK 1011 TURNSTONE RD CARLSBAD, CA 92011-1218 DAVID R & STEPHANIE FIGGAT 1045 GOLDENEYE VW CARLSBAD, CA 92011-1225 JONATHAN M & PAMELA TUCKER 1034 TURNSTONE RD CARLSBAD, CA 92011-1220 MARTY JOYCE 104 6 TURNSTONE RD CARLSBAD, CA 92011-1220 BRIAN & LAURA BODENSTEINER PO BOX 235020 ENCINITAS, CA 92 02 3-502 0 f Nxdn-dod pjoqsj 3| j3|9Af J ap SU3S T ®09I.S ®Aa3AV HJBqeB a| z3S\\\in ja|3d ^ seipe^ sauanbup AIDAN & JANET NUTTALL 10 06 TURNSTONE RD CARLSBAD, CA 92 011-1217 LOUGEAY 104 7 TURNSTONE RD CARLSBAD, CA 92011-1219 ROBERT D & KIM CANTERBURY 1035 TURNSTONE RD CARLSBAD, CA 92011-1219 HUGH G & CHERYL GERHARDT 1023 TURNSTONE RD CARLSBAD, CA 92011-1219 TY & KATHRYN COX 103 7 GOLDENEYE VW CARLSBAD, CA 92011-1223 MOORE *B* 1048 GOLDENEYE VW CARLSBAD, CA 92011-1224 CHRISTOPHER HAJNIK 1041 GOLDENEYE VW CARLSBAD, CA 92011-1225 BILLIE D CASTILLO 1038 TURNSTONE RD CARLSBAD, CA 92011-1220 KREMERS 1018 TURNSTONE RD CARLSBAD, CA 92011-1217 HANNAWATER HOLDINGS LLC 1758 KENNINGTON RD ENCINITAS, CA 92024-1027 DONALD F ARMENTO 1010 TURNSTONE RD CARLSBAD, CA 92011-1217 PAUL Sc KATHLEEN ZOMBOLAS 1043 TURNSTONE RD CARLSBAD, CA 92011-1219 ELLEN L NAKAMURA 1031 TURNSTONE RD CARLSBAD, CA 92011-1219 ABRAMS FAMILY 1019 TURNSTONE RD CARLSBAD, CA 92011-1219 CHARLES PARKER 1033 GOLDENEYE VW CARLSBAD, CA 92011-1223 COLCLASER 104 9 GOLDENEYE VW CARLSBAD, CA 92011-1225 SUZANNE L HARMATZ 103 0 TURNSTONE RD CARLSBAD, CA 92011-1220 FLORENTINO & CAROL CALIP 1042 TURNSTONE RD CARLSBAD, CA 92011-1220 ANGEL M & KATHLEEN TORRES PO BOX 1302 75 CARLSBAD, CA 92013-0275 WINTER 6020 L L C 4401 MANCHESTER AVE 206 ENCINITAS, CA 92 024-7904 i N1096S ®AU3AV y m^Bps dn-dod asodxa I 0} auj) Buo|e puaa jaded • ! T I siaqei aiaad Aseg T I AM3AV-O9-008-I. lU03'Xj3Ae'JVUVUW MLCFC 2 007-7 PASEO DEL NORTE 1601 WASHINGTON AVE 700 MIAMI BEACH, FL 33139-3165 i Midn-dod pjoqaj a| jaj^A^j j ap uj^e ajnqseij e| ^ zajidau ).uaujaBjei]3 ap suas G6 HOSPITALITY PROPERTY LLC 4001 INTERNATIONAL PKWY CARROLLTON, TX 75007-1914 ®09I.S ®AM3AV iueqeB 3| zasjum J3|3d q S3|pe^ sauanbji^ LEGOLAND CALIFORNIA L L C LF PO BOX 543185 DALLAS, TX 75354-3185 ELEVEN SAC SELF-STORAGE CORP 1250 E MISSOXJRI AVE PHOENIX, AZ 85014-2912 PLAZA DEL NORTE INC 2312 CAMBRIDGE AVE CARDIFF, CA 92007-2002 6125 PASEO DEL NORTE LLC 6183 PASEO DEL NORTE 180 CARLSBAD, CA 92011-1153 ROBERT & DEBORAH STREET 102 9 GOLDENEYE VW CARLSBAD, CA 92011-1223 JAMES & GARRIE RHODES *M* 1013 GOLDENEYE VW CARLSBAD, CA 92011-1223 GROSS 1001 GOLDENEYE VW CARLSBAD, CA 92011-1223 JOHNS 843 DUNE ST EL SEGUNDO, CA 90245-2021 C B RANCH ENTERPRISES 5600 AVENIDA ENCINAS 100 CARLSBAD, CA 92008-4452 TOP CHOICE INVESTMENTS LLC 6118 PASEO DEL NORTE CARLSBAD, CA 92011-1157 HORRELL 2 004 1025 GOLDENEYE VW CARLSBAD, CA 92011-1223 ROSS-MACNEEL 1009 GOLDENEYE VW CARLSBAD, CA 92011-1223 MARCIA BIGLAISER 1004 GOLDENEYE VW CARLSBAD, CA 92011-1222 NEW SPARK HOLDINGS INC 580 SILVER SPUR RD ROLLING HILLS, CA 90275-3614 GRAND PACIFIC CARLSBAD LP 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GREEK VILLAGE LLC 603 0 PASEO DEL NORTE CARLSBAD, CA 92011-1114 DAVIES 1021 GOLDENEYE VW CARLSBAD, CA 92011-1223 ROBERT HOTTO 1007 GOLDENEYE VW CARLSBAD, CA 92011-1223 EDWARDSARNELL 1007 TURNSTONE RD CARLSBAD, CA 92011-1218 HENRY & FERN MARLING 10 03 TURNSTONE RD CARLSBAD, CA 92011-1218 JOSEPH G COREY 995 TURNSTONE RD CARLSBAD, CA 92011-1216 OLGA RESTA *M* 991 TURNSTONE RD CARLSBAD, CA 92011-1216 DUANE T & JENNIFER OCONNELL 987 TURNSTONE RD CARLSBAD, CA 92 011-1216 STEVEN RUDE 986 TURNSTONE RD CARLSBAD, CA 92011-1215 HEIBEIN 983 TURNSTONE RD CARLSBAD, CA 92011-1216 JILL Y DOBBS 990 TURNSTONE RD CARLSBAD, CA 92011-1215 STEVEN S & TAMARA OGG 979 TURNSTONE RD CARLSBAD, CA 92011-1216 CHUNG CHO 994 TURNSTONE RD CARLSBM, CA 92011-1215 ifu^Bpa dn-dOd asodxa Ol auji Buo|e puag T I @09l.S B»B|duiei ®AJ3AV asp AM3AV-O9-008-I. UJ03'Xj3Ae-/WA/W» FAIRWEATHER 3417 LONE HILL LN ENCINITAS, CA 92024-7264 SEABRIGHT CARLSBAD HOMEOWNERS 43 8 CAMINO DEL RIO 112B SAN DIEGO, CA 92108-3545 MERI PALOMAR PLACE LLC 12 83 8 STEBICK CT SAN DIEGO, CA 92130-2705 BRICKELL ENTERPRISES INC 10 SHERBURNE HILLS RD DANVILLE, CA 94526-4408 IAI1096S ®A1I3AV I vudn-dod pJoqaj a| jaj^A^ I ap uye ainqseq e| f zajidau }uauia6jeq3 ap suas CENTER FOR NATURAL LANDS MAN; 215 W ASH ST FALLBROOK, CA 92028-2904 FENTON H G COMPANY 7577 MISSION VALLEY RD SAN DIEGO, CA 92108-4432 BRUCE R BARTLETT PO BOX 927065 SAN DIEGO, CA 92192-7065 COSTCO WHOLESALE CORPORATION 999 LAKE DR ISSAQUAH, WA 98027-8990 j.a6p3 dn-dod asodxa o) auji Buo|e puag jaded paad T ®09I.S ®AM3AV l!JBqB6 a| zasinm J3|3d f S3|pe^ sausnbiip 6121 PASEO DEL NORTE LLC 413 0 LA JOLLA VILLAGE DR 206 LA JOLLA, CA 92037-1481 J C M TOM CO L L C II 1524 DORCAS ST SAN DIEGO, CA 92110-1515 JENNIFER H KARN PO BOX 12 72 7 PALM DESERT, CA 92255-2727 *** 71 Printed *** @09I.S e»BiduJ9i ®AJ3AV esn siaqei ®|aad ASB3 T i I I A^!3AV-O9'008-I. I mdri'^iod pJoqai a| jai^A^j j ap uijB ajnqseq e( e zanda^i 4uauia6jeip ap suas CARLSBAD UNIFIED SCHOOL DISTRiCT 5225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITYOF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO U\FC0 STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALKAV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUAUTY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 ®09iS ®Aa3AV WJeqeB a| zasmn isysd B saipe^ sauanbi:^ ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 I ®09is ®AU3AV f wJi3^P3 dn-dod asodxa I ovauu&uo|e puag I jaded paa^ 1 • ®09iS ateiduiai g,AjaAV asn sjaqei ®i^ad ^sea AFFIDAVIT OF MAIUNG NOTICE OF PUBUC HEARING TO: DATE OF PUBLIC HEARING: CITY CLERK SUBJECT: <^sfeo 6>OL.^ -S^Wl^gA^ CM^Oj-iCj LOCATION: /^Qo Cnjrishad^ K/diane^ Dk-CiJe^ DATE NOTICES MAILED TO PROPERTY OWNERS: NUMBER MAILED: . I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) /(Date) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: l0^Union Tribune I I Coast News PUBLICATION DATE: Union Tribune, Coast News l/fifiH- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: l/l/lH-(Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments Costco Gas Station CanopyCUP 90‐03(E)/SDP 90‐05(I)/CDP 97‐05(B) Location MapSEA GATE RDWIND D R I F T D R PASEO DEL N O R T EARMADA DRPALOMAR AIRPORT RDS H O R E CR E S T R D I-5 RecommendationThat the City Council adopt City Council Resolution No. 2014‐191approving a Conditional Use Permit Amendment (CUP 90‐03(E)),Site Development Plan Amendment (SDP 90‐05(I)), and a CoastalDevelopment Permit Amendment (CDP 97‐05(B)), based on thefindings and subject to the conditions contained therein.