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HomeMy WebLinkAbout2002-09-04; Planning Commission; ; CUP 01-19|V 02-03 - ARCO AM/PM AT TAMARACKle City of Carlsbad Planning Departm.en, A REPORT TO THE PLANNING COMMISSION Item No.@) Application complete date: August 31, 2001 Applicant requested extension P.C. AGENDA OF: September 4, 2002 Project Planner: Christer Westman Project Engineer: Jeremy Riddle SUBJECT: CUP 01-19N 02-03 -ARCO AM/PM AT TAMARACK -Request for approval of a Negative Declaration and Addendum, and Conditional Use Permit for the construction of a new 2,997 square foot ARCO AM/PM facility with 12 fueling stations and a 968 square foot car wash, and a Variance request for reduced setbacks at the northeast corner of Tamarack Avenue and Jefferson Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5221, 5222 and 5223 RECOMMENDING ADOPTION of a Negative Declaration and Addendum, and RECOMMENDING APPROVAL of Conditional Use Permit CUP 01-19, and Variance V 02- 03 for the construction of a new 2,997 square foot ARCO AM/PM facility with a 968 square foot car wash with reduced setbacks based on the findings and subject to the conditions contained therein. II. INTRODUCTION The application is for the redevelopment of a closed gas station with a new ARCO AM/PM convenience store with gas pumps and _car wash. The existing gas station has not been in operation for several years. The new facility proposes reconfiguration of the property access from Tamarack A venue at a location farther away from the Jefferson Street intersection, revised onsite circulation, parking, and landscaping. The property is located in the Commercial/Visitor-Serving Overlay Zone and is therefore subject to the review and approval of the City Council. The site is also in a deferred certification area of the Coastal Zone and is subject to review and approval by the California Coastal Commission. III. PROJECT DESCRIPTION AND BACKGROUND The proposed project is subject to the following regulations: A. Neighborhood Commercial Zone (C-1) (Chapter 21.26 of the Carlsbad Municipal Code); B. Conditional Use Permit Regulations (Chapter 21.42 of the Carlsbad Municipal Code); CUP 01-19N 02-03 -ARC! AM/PM AT TAMARACK September 4, 2002 Pa e2 C. CommercialNisitor-Serving Overlay Zone (Chapter 21.208 of the Carlsbad Municipal Code); D. Variances (Chapter 21.50 of the Carlsbad Municipal Code); and E. Mello II Segment of the Carlsbad Local Coastal Program. IV. ANALYSIS The recommendation for approval of this conditional use permit and variance was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. Neighborhood Commercial Zone The site is designated as a neighborhood commercial site yet it is also located adjacent to the freeway and is expected to provide freeway facility, commerciaVvisitor-serving related services. The proposed service station, convenience market and car wash can provide freeway facility, commerciaVvisitor-serving services that can also be beneficial services to the neighborhood. The development standards of the Neighborhood Commercial zone limit building height to 35 feet. There are no building setback requirements for the C-1 zone. The project has been proposed consistent with the C-1 zone development standards in that the greatest building height is nineteen feet at the comers of the convenience market. The gas pump canopy is proposed at sixteen feet and the carwash building at fourteen feet. Conditional Uses Uses subject to a Conditional Use Permit (CUP) are declared to possess characteristics of such unique and special form as to make impracticable their being included automatically in any land use class. Automobile service stations which include washing services may be permitted by conditional use permit in any zone other than residential or professional when it is developed as part of a freeway service facility. The proposed project and the adjoining restaurant together qualify as a freeway service facility. In granting a CUP, certain safeguards to protect the health, safety and general welfare of the public may be required as conditions of approval. In addition, CUPs may only be granted when the appropriate findings of fact can be made. Those findings can be made for the proposed project. 1. The requested use is desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located. The proposed use is desirable for the community at large and is generally in harmony with the objectives of the General Plan since the proposed use will replace a previous freeway service facility. Since the site is separated from other properties in the area by streets and the project is designed with a low physical profile, it is physically compatible with the surrounding land uses including the other freeway service facilities, CUP Ol-19N 02-03 -ARC' AM/PM AT TAMARACK September 4, 2002 Pa e3 high density housing, single family residential and the elementary school. The adjoining intersections will continue to function at acceptable service levels. Data provided to the City indicates that noise generated by the car wash facility will be below the maximum threshold of 60 dBA at the nearby residential property lines on Carol Place, but will still be audible. Regardless, approval of the car wash includes a condition limiting car wash operation to daytime hours between 7:30 am and 9:00 pm. The carwash may be beneficial to the greater community in that it is designed to treat the wash water before it is introduced into the storm drain system and if it is used would reduce pollutants reaching the storm drains. Redevelopment of the site may be more beneficial to the greater community than retaining the site as an abandoned gas station both visually and physically because it will include landscaping and a human presence. 2. The site for the intended use is adequate in size and shape to accommodate the gas pumps and convenience market without benefit of a variance from the development standards of the C-1 zone or the CommercialNisitor-Serving Overlay Zone. The site can also accommodate the carwash facility within the development standards of the Neighborhood Commercial zone (C-1) but requires a variance to the CommercialNisitor-Serving Overlay Zone setback requirements. 3. All the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The site will be landscaped consistent with the Carlsbad Landscape Manual and the guidelines of the CommercialNisitor Serving Overlay Zone including minimum six foot width planter areas and planting adjacent to the building. 4. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The project will generate approximately 1,863 Average Daily Traffic (ADT). Tamarack Avenue is a "Collector" street with a capacity of up to 10,000 ADT. Between Jefferson Street and Adams Street, Tamarack Avenue is constructed to Secondary Arterial standards which increases its car carrying capacity and is more than adequate to handle the amount of traffic that the proposed project is expected to generate. 5. The project is to be developed as part of a freeway-service facility, containing a minimum of two freeway oriented uses, which are the project and the restaurant on the adjacent parcel to the east. Commercial/Visitor Serving Overlay As a commercial/visitor-serving use, the Planning Commission will first review the project and make a recommendation to the City Council for action. Consistent with the procedures of the overlay zone, the applicant completed the pre-filing requirements and subsequently filed a formal application for review. The pre-filing site plan reviewed by staff did not include the car wash component. The car wash was added to the site CUP 01-19N 02-03 -ARC' AM/PM AT TAMARACK September 4, 2002 Page4 plan and the size of the convenience market reduced when the applicant was informed that alcohol sales at this location was unlikely. The site was posted with a notice that the project would be considered by the City of Carlsbad. In addition to the development standards of the C-1 zone, the project is subject to unique development standards of the commercial/visitor-serving overlay. Buildings must be located a minimum of 30 feet from the public street and parking may be located 20 feet from the public street. The applicant is requesting a variance for reduced setbacks to accommodate the car wash facility, access to the car wash and parking. (The findings for granting a variance are discussed under the Variance heading below). Parking is required at a ratio of one space per 300 square feet of building. The project proposes a 2,997 square foot building and therefore is required to provide ten parking stalls plus three for employees. A total of fourteen stalls are provided. Pursuant to Zoning Ordinance section 21.208.100 H.1.(a), new gas stations may only be located at intersections where at least one of the streets is classified as a prime, major or secondary arterial on the General Plan. This is the redevelopment of a previously existing gas station and Tamarack Avenue is improved as a Secondary Arterial from the project site to Adams Street therefore satisfying the location criterion. The minimum lot size required for new gas stations is 15,000 square feet with a minimum 150 foot lot frontage along the non-arterial street. Although this is the redevelopment of a previously existing gas station, the lot length is more than 200 feet and the lot is 36, 927 square feet thereby satisfying the lot size criterion for new gas stations. Included in the project exhibits are proposed signs. Pursuant to Zoning Ordinance section 21.208.100 B.1, the maximum allowed sign area for the project is determined by the combined length of two building sides which face streets multiplied by a factor of 0.9. Therefore, the project may have up to 109.8 square feet of sign area. The applicant has proposed 174.3 square feet of sign area for all signs including two monuments. The project has been conditioned to limit sign area to 109.8 square feet. A separate sign permit is required for the approval of all signs. The project is proposed with an "alternative" architectural style. The design is modern. The design uses a stucco exterior with horizontal reveals and decorative cornice at each of the four corner elements. The colors are off-white and beige. Final approval of the proposed alternative architectural style is by the Planning Commission and City Council as a part of the Conditional Use Permit review. Variance When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the property zoning result through the strict and literal interpretation and enforcement of the development standards of the zone, the Planning Commission has the authority to grant a variance from the development standard(s) as may be in harmony with its general purpose and intent, so that the spirit of the development standard(s) shall be observed, public safety and e CUP 01-19N 02-03 -ARCO AM/PM AT TAMARACK September 4, 2002 Page 5 welfare secured and substantial justice done. In the coastal zone, a variance shall not be allowed to diminish or otherwise adversely affect the substantive requirements for protection of coastal resources. The sole purpose of the variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity or zone. The applicant has stated that since alcohol sales will not be allowed at this location, a car wash as well as a convenience store and gas pumps are necessary to generate adequate revenues. There is a practical difficulty and hardship in locating a carwash along with the convenience market and gas pumps on this site that is encumbered by CommercialNisitor-Serving Overlay Zone setbacks. The extent of the requested variance includes: • A six foot parking encroachment into the required 20 foot setback at Tamarack Avenue. • A fifteen foot circulation encroachment into the required 20 foot setback at Jefferson Street south of the Jefferson Street driveway. • A fifteen foot circulation encroachment into the required 20 foot setback at Carol Place. • A fifteen foot building encroachment into the required 30 foot setback at Tamarack A venue. • A four foot circulation encroachment into the required 10 foot landscape setback at the interior side property line In order to grant a variance, the following findings must be made. 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 4. That the granting of such variance will not adversely affect the comprehensive general plan, or in the coastal zone, that the granting of such a variance is consistent with and implements the requirements of the certified local coastal program and that the granting of such variance does not reduce or in any manner adversely affect the requirements to protect coastal resources as specified in the zones included in this title and that the variance implements the purposes of zones adopted as implementation of the local coastal program land use plan. CUP Ol-19N 02-03 -AR' AM/PM AT TAMARACK September 4, 2002 Page 6 There are exceptional circumstances in that the property is part of the Commercial/Visitor Serving Overlay Zone which properties to the north, west, and south are not. The Overlay zone has more stringent setback requirements than the underlying Neighborhood Commercial zone or the surrounding One Family Residential, Two Family Residential, or Residential Density- Multiple zones. The property is also unique in that it fronts on a public street on three sides when one or two sides are typical. Although all properties within the Overlay Zone are subject to the same standards, other properties in the vicinity and immediately to the north, west and south are not. Other properties within the overlay zone are the adjacent property to the east, the lot at the southwest comer of Tamarack Avenue and the I-5 Freeway and property on the east side of the freeway from Tamarack Avenue north to Chestnut Avenue making the subject site a peninsula. The applicant has stated that there are overriding and compelling reasons that the project must have a car wash and a 2,997 sq. ft. mini market. The applicant states that without both sources of revenue, the project as a whole will not be profitable. No coastal resources would be affected by the depth of the setbacks. Mello II Segment of the Carlsbad Local Coastal Program The project is located in the Mello II Local Coastal Program Segment. It is also in a deferred certification area of the Carlsbad Coastal Zone and is subject to review and approval by the California Coastal Commission. However the discussion below describes how the project complies with the applicable Local Coastal Program provisions. The LCP Land Use Plan designates the subject site for C-1 Neighborhood Commercial uses. Convenience markets with gas pumps and car wash services are allowed by Conditional Use Permit. The proposed project will be located at the northeast comer of Tamarack Avenue and Jefferson Street near the I-5 freeway. The proposed single story commercial structure is consistent in mass with the surrounding development of one-story structures to the north and south, two story apartments to the west and a restaurant to the east. The building will not obstruct views of the coastline as seen from public lands or the public right-of-way or otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed building is not located on an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site since it is not located between the first public road and the ocean, and no public access requirements are conditioned for the project. The commercially designated site is not suited for water-oriented recreation activities. The subject site is located in the Coastal Resource Protection Overlay Zone, however, due to its location and the absence of slopes steeper than or equal to 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. Construction of the project will adhere to the City's Master Drainage Plan, 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. CUP Ol-19N 02-03 -ARC! AM/PM AT TAMARACK September 4, 2002 Pa e7 V. ENVIRONMENTAL REVIEW The project is the demolition of an existing abandoned gas station and the redevelopment of a gas station with convenience market and car wash. No environmental impacts which have not been mitigated by project design have been identified for the project. Because the site was previously used as a gas station, and it is within an urban area at the comer of two streets, there is no habitat onsite that may contribute to a preserve system nor are there any sensitive plant or animal species which must be preserved. No significant environmental impact can be associated with approval of a reduction in the CommercialNisitor Serving Overlay Zone public street setbacks. Contaminated soils will be removed as part of the project site preparation. The project average daily traffic can be accommodated by the adjoining street improvements. The access points to the site will be relocated which will create better circulation and access to the site than the previous design. The project has also been designed to incorporate all best management practices consistent with the Regional Water Quality Control Board and the Mello II segment of the Carlsbad Local Coastal Program regarding water quality. Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The project falls within the scope of the City's MEIR for the City of Carlsbad General Plan update (BIR 93- 01) certified in September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic circulation. MEIRs may not be used to review projects if certified more than five years prior to the filing of an application for a later project except under certain circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. Additionally, there is no new available information which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. All feasible mitigation measures identified by the MEIR which are appropriate to this project have been incorporated into the project. The Planning Director has therefore issued a Negative Declaration on May 24, 2002. e CUP Ol-19N 02-03 -ARCO AM/PM AT TAMARACK September 4, 2002 Page 8 ATTACHMENTS: 1. Planning Commission Resolution No. 5221 (Neg Dec) 2. Planning Commission Resolution No. 5222 (CUP) 3. Planning Commission Resolution No. 5223 (V) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impacts Assessment Form 7. Disclosure Statement 8. Exhibits "A" -"L" dated September 4, 2002 CW:cs SITE ARCO AM/PM AT TAMARACK CUP 01-19/V 02-03 e e BACKGROUND DATA SHEET CASE NO: CUP 01-19/V 02-03 CASE NAME: ARCO AM/PM at Tamarack APPLICANT: BP West Coast Products LLC. c/o TAIT and Associates Inc. REQUEST AND LOCATION: Request for approval of a Conditional Use Permit for the construction of a new 2,997 square foot ARCO AM/PM facility with 12 fueling stations and a 968 square foot car wash and a request for reduced setbacks at the north east comer of Tamarack Avenue and Jefferson Street in Local Facilities Management Zone I. LEGAL DESCRIPTION: Lot I of Tamarack Plaza, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 5944, filed in the office of the County Recorder of San Diego County on August 23, 1967. APN: 204-292-24-00 Acres: 0.83 Proposed No. of Lots/Units: ---'N~/A-=----------- GENERAL PLAN AND ZONING Land Use Designation: Travel/Recreation Commercial Density Allowed: _N~/A _____ _ Density Proposed: _N_/A _________ _ Existing Zone: _C=---=-1,__ _____ _ Proposed Zone: _C=---=-1,__ _________ _ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-1 T-R Abandoned gas station North R-2 RM Multi family residential South R-1 RLM Single family residential East C-1 TR Restaurant West RD-M-Q RLM Multi family residential PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): -'3~7~.6=-=E=D-"'U'--------------- ENVIRONMENTAL IMPACT ASSESSMENT ~ Negative Declaration, issued ---'M=a:,;..y-=2:....:.4-'---', 2=0::....:0=2'----------------- D Certified Environmental Impact Report, dated ______________ _ D Other, ____________________ _ CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: ARCO AM/PM at Tamarack LOCAL FACILITY MANAGEMENT ZONE: _1_ GENERAL PLAN: _T_-~R~----- ZONING: C-1 ~~---~-~----------~-~------- DEVELOPER'S NAME: BP West Coast Products LLC. clo TAIT and Associates Inc. ADDRESS: 9089 Clairemont Mesa Blvd. #300 San Diego CA 92123 PHONE NO.: 858-278-1161 ASSESSOR'S PARCEL NO.: 204-292-24-00 ~~~~~------ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 0.83 ac; 2,997 sq.ft. A. City Administrative Facilities: Demand in Square Footage= NIA B. Library: Demand in Square Footage= NIA C. Wastewater Treatment Capacity (Calculate with J. Sewer) 36.7 D. Park: Demand in Acreage = NIA E. Drainage: Demand in CFS = 2.96 Identify Drainage Basin = Agua Hedionda Watershed F. Circulation: Demand in ADT = 1 863 G. Fire: Served by Fire Station No. = 1 H. Open Space: Acreage Provided = NIA I. Schools: NIA J. Sewer: Demands in EDU 36.7 Identify Sub Basin = Vista/Car ls bad Basin K. Water: Demand in GPD = 50 gpm DISCLOSURE STATEMENT Applicant's statement or disclosure of certain O\l.'l1ership interests on all applications whi,ch will require i discretionary action on the part of the City Council or any appointed Board. Commission or Commmee. The following infonnation MUST be disclosed at the time of application subminal. Your project cannot be reviewed until this infonnation is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club. fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county. city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and propeny owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDNIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page inay be attached if necessary.) Person. ___ N_/ A ________ _ Corp/Part. _ _..;;,;A;;;;.R;.;.C~O_Pr_o_d_u_c_t_s_c_o_m_p_a_ny __ Title. ______________ _ Title --------------Address 4 Centerpointe Drive La Palma, CA 90623 Address. _____________ _ 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, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Saad Attisha Title Owner Address 4142 Adams Avenue San Diego, CA 92130 Corp/Part ______________________ _ Title _______________ _ Address. _____________ _ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ ..... ~ ••• i.. .I.. ._i .. If any person id al pursua?t to ( 1) or (2) ~hove is a n01 .rg~n;zarion o:-a trust. i 1s: r:1,, names and _addre::.sllll'of A...1\11 person servmg as an officer or director of the non-proiir onzanization or as trustee or beneficiarv of the. -. Non Profit/Trust N/ A Non Profit-Trust ·~--------~~ Title ~----------~-Title-----~-------- Address ·~----~--~--~ . Address. ____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve El2) months? D Yes ~ No If yes, please indicate person(s):. _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best ofmy knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Leslie Burnside, Agent Print or type name of owner/applicant's agent H:ADMIN\COUNTERIDISCLOSURE STATEMENT 5/98 Page 2 of 2 .•'