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Home My WebLink About1978-10-11; Planning Commission; ; CUP 157 - SHELL OILSTAFF REPORT DATE : TO : FROM: CASE NO: REQUEST : October 11, 1978 Planning Commission Planning Department CUP-157 APPLICANT: Frank R. Fossati, Shell Oil Co. A CONDITIONAL USE PEPaIT TO OPERATE AND EXPAND AN EXISTING AUTOMOBILE SERVICE STATION BUILDING IN A C-1 ZONE. SECTION I: BACKGROUND LOCATION 61 DESCRIPTION OF PROPERTY The subject property consists of four contiguous parcels, totalling approximately .65 acres. The site is generally located on the south side of Elm Avenue, between Pi0 Pic0 Drive and the Interstate 5 freeway. The property is presently improved with an operating automobile service station including three gasoline pump islands and three service bays. EXISTING ZONING Subject Property: North: South: East: West: EXISTING LAND USE c-1 R-P-Q os c-z Freeway Subject Property: North : South: East: West: Automobile service station Civic center Park Commercial buildings 1-5 freeway HISTORY & RELATED CASES ZCA-29, Service Stations, Resolution No. 657. On April 14, 1970, the Planning Commission adopted a Zone Code Amendment to the Conditional Uses chapter of the code, pertaining to automobile service stations. The amendment provided that a CUP be required for service stations and set forth a list of development standards to be met. These standards were also to apply to existing service stations when renovated structurally. Consequently, the subject service station must obtain a Conditional Use Permit for the entire use to accommodate the proposed expansion. -- P.C. Resolution No. 700. On April 13, 1971, the Commission adopted a resolution denying a Conditional Use Permit for two freeway-oriented service stations on property located at the northwest quadrant of 1-5 and Cannon Road. In denying the request, the Commission felt there already was an abundance of service stations within the City, and that it was not necessary that two service stations be planned for the subject development center. CUP-147, Prest Best Corp., Resolution No. 1436. On April 12, 1978, the Planning Commission approved a request to expand an existing service station to include facilities for a laundry and dry-cleaning pick-up service within the same building. *Considerable discussion among staff and the Commission centered around whether expansion of a non-conforming use requires that the entire use conform to existing development standards prior to approval. The conclusion of the City Attorney and the Commission was that such conformance was required. ENVIRONMENTAL IMPACT INFORMATION This project meets the requirements of the Carlsbad Environmental Protection Ordinance because a Negative Declaration of Environmental Effect has been issued for the following reasons: 1. The project site is located in an already urbanized area, and has previously been developed. 2. The proposed use is consistent with existing General Plan and 3. Zoning Designations, and compatible with surrounding land uses. The proposed expansion is a minor addition to the existing structure and will not generate negative impacts. GENERAL PLAN INFORMATION The Land Use Element of the General Plan indicates Travel Services Commercial for this property. The service station use is consistent wth this designation. PUBLIC FACILITIES The property is presently served with all necessary public facilities. The City Engineer has determined the proposed expansion will not require additional sewer capacity. MAJOR PLANNING CONSIDERATIONS 1,. Will the extra service bay have an adverse impact on surrounding properties? 2. What conditions should be applied to this use to insure its compatibility with the adjacent area? * Use was non-conforming due to lack of Conditional Use Permit. .2 -- DISCUSSION Service stations require Conditional Use Permits to locate and operate. The subject service station is non-conforming in that it was constructed prior to the Conditional Use Permit requirement. The proposed expansion will require that it become conforming by obtaining a Conditional Use Permit. The code requires that certain conditions be attached to all service station Conditional Use Permits . These have been included in the staff recommendation. The subject service station has already provided landscaping and is maintaining it well. For the most part ccorrpliance with the conditions of approval should not be a hardship. The addition of the extra bay will probably have a beneficial impact in that it will reduce the possibility of cars being repaired on the lot. Staff recommendation Staff recommends that the Planning Commission approve CUP-157 based on the following findings and conditions: Findinas That 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 or to uses specifically permitted in the zone in which the proposed use is to be located because: a) The zoning map and the general plan designate this site for such a use. The site for the intended use is adequate in size and shape to accommodate the use because: a) This is evidenced by the fact that the site has been used for a service station for 8 years without problems of size and shape of the property. That all of 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 because: a) They are required as conditions of approval of this Conditional Use Permit. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Conditions 1) This Conditional Use Permit applies to all the property occupied by the subject use, as per Exhibit "A" dated 10/11/78, regardless .3 of the number of parcels involved. Should the site be reduced in size for any reason this Conditional Use Permit shall become null and void, and application for a new Conditional Use Permit will be required prior to any reduction in size of the site. All requirements of the Carlsbad Municipal Code shall be complied with. future use of illegal outdoor displays and advertising. This condition is especially intended to abate The exterior elevations of the addition shall be submitted to the Planning Department for architectural review and approval prior to issuance of building permits. Landscape and irrigation plans for the site shall be submitted to the Planning Department for approval prior to the issuance of building permits. It is recognized that appropriate landscaping now exists on the site, however, an approved plan must be on file. The plan shall include the following: a) Perimeter planter areas of a minimum of six feet in width and planter areas adjacent to the structure. b) Six-inch concrete curb bounding all planter areas. c) Landscaping including a combination of flowers, shrubs, and trees. d) A sprinkler system providing total and effective coverage to all landscaped area. e) A statement delineating a maintenance schedule and responsibility for maintenance of landscaped areas. All exterior lighting shall be shielded or oriented in such way so as not to glare on adjacent properties. All displays and storage shall be contained within the main structure. Trash containers shall be contained within a six-foot masonry high enclosure. Full public improvements as may De reuuircd for public con- venience and necessity which shall include but not be limited to : a) Construct curb outlet at intersection of Elm and 1-5 offramp to drain parking area under sidewalk. Prior to issuance of building permits the applicant shall secure an industrial waste permit. DA/DLR/ar 10/5/78 .4 --. 4 Case No.CUP-157 Date Rec'd: 8-31-78 Description of Request:Cc)P To ADD h5€RVIcG BAY To AN 64\5TlrJG DCCDate: 10-3-78 PC Date lol/l/78 3 BAY 5ERVIcE SfHTImJ J3u I LD INC, Address or Location of Request:SOuTlt S~OE aF ELM ST REFT E€T\Jv=N no Plcp Applicant: FKnNK R. FOSS~~I ,s~&u_ OIL. f?O. 60~ qbY8 ;A- NAHEIM, CA 92 803 DR\YF Ad0 IMTER5Trt TE 5 FKEE MAY Engr. or Arch. - Brief Legal: QoQ,. 7~4 CT ilS.,H, /qQ 77s ,RECOROEi) z//s/l85'f Assessor Book: 156 Page: /80 Parcel : is, 26,~s. 3 General Plan Land Use Description: -TRAVEL S&RVIC& CoMMESciAL Existing Zone: c- 1 Proposed Zotie: - Acres: .65 School District: ~K~SSMD wlyir=r~~ SCUOOL 'P~STR\C~. hter Sanitation.District: city of cARLSB~D J Jd, w 4 DU's c DU/Acre - Coast Perniit Area: No f. - T - .. .. . FORM PLANNING* 52