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HomeMy WebLinkAboutPS 98-114; Chevron; Sign Permits/Programs (PS)‘STAG OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 (619) 521d036 SAN DIEGO. CA 921084725 Filed: July 30,1998 49th Day: September 17, 1998 180th Day: January 26,1999 Staff Report: September 17,1998 Hearing Date: October 13- 16, 1998 Staff: GC-SD STAFF REPORT: CONSENT CALENDAR Application No.: 6-98-99 Applicant: Chevron Products Company Agent: Joe Nguyen Description: Demolish an existing 2,03 1 sq.ft. gas station (cashier store and service bay), remove existing tanks, piping and dispensers and construct a new, 2,167 sq.ft., approximately 22 foot-high gas statiodfood mart with new tanks, piping, dispensers and canopy on 27,748 sq. ft. lot. Lot Area 27,748 sq. ft. Building Coverage Pavement Coverage Landscape Coverage zoning Neighborhood Commercial (C-1) Plan Designation Travel-Recreation Ht abv fin grade 21 ft. 7 in. 970 Tamarack Avenue, Carlsbad, San Diego County 2,167 sq. ft. ( 3%) 22,754 sq. ft. (82%) 2,827 sq. ft. (1 0%) Parking Spaces 9 Site: APN 205-270-37 Substantive File Documents: Mello I1 Segment of the Carlsbad Local Co (LCP); CUP 98-03; Negative Declaration 6/8/98 STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local 6-98-99 , Page 2 Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 11. Standard Conditions. See attached page. 111. Special Conditions. The permit is subject to the following conditions: 1. Disposal of Graded Spoils. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall identify the location for the disposal of graded spoils. If the site is located within the coastal zone, a separate coastal development permit or permit amendment shall be first be obtained from the California Coastal Commission or its successors in interest. 2. DEVELOPMENT PERMIT, the applicant shall submit a comprehensive sign program for all proposed signage documenting that only monument signs, not to exceed eight (8) feet in height, or facade signs are proposed. No new free-standing pole or roof signs shall be allowed. (An existing approximately 30 ft. high pole sign will remain in the southwest corner of the lot). Said plans shall be subject to the review and written approval of the Executive Director. The permittee shall undertake development in accordance with the approved sign program. No changes to the program shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. Sign Program. PRIOR TO THE ISSUANCE OF THE COASTAL IV. Findings and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description. Proposed is the demolition of an existing 2,03 1 sq. ft. gas station (cashier store and service bay) and the installation of a new 2,167 sq. ft., approximately 22 foot-high gas statiodconvenience store. The demolition will involve the removal of the existing tanks, piping, dispensers and canopy. New tanks, piping, dispensers and canopy will be installed and the entire site will be repaved with a total of 9 parking spaces and new landscaping. The height of the proposed development, including the canopy, will not exceed 21 ft., 7 inches. To accommodate the new development, grading consisting of approximately 288 cu. yds. of cut is proposed. Since the applicant has not indicated where the excess graded material will be exported to, Special Condition #1 has been attached. This condition requires the applicant to identify the disposal site and obtain a coastal development pennit if the site is within the Coastal Zone. 6-98-99 Page 3 The project is located at the northeast intersection of Pi0 Pic0 and Tamarack Avenue, just east of Interstate 5 in the City of Carlsbad. While the City of Carlsbad has a certified Local Coastal Program, the proposed development is located within an area of deferred certification. The policies of the LCP will be used as guidance; however, the standard of review is the Chapter 3 policies of the Coastal Act. 2. Public Accesflarking. Section 30252 of the Act states, in part: The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads, (3) providing nonautomobile circulation within the development, (4) providing adequate parking facilities. . . . The proposed development is located directly east of Interstate 5, a major north/south coastal access route. In addition, Tamarack Avenue serves as a major eastlwest corridor for coastal access. The proposed gas statiodconvenience store will provide commercial service to many coastal visitors and residents, However, the proposed development and surrounding area are over two miles east of the shoreline and will not be utilized by the public for beach parking. Under the City of Carlsbad’s parking ordinance, one parking space per 300 sq. ft. of commercial space is required. The minimal parking required for this development would, therefore, be 7 spaces; the applicant is proposing 9 spaces. Therefore, no impacts to public access are anticipated with this proposal, and the Commission finds the proposed development, as conditioned, consistent with Section 30252 of the Coastal Act. 3. Visual Impacts. Section 3025 1 of the Act states, in part: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas. . . . As stated previously, the project is located adjacent to and east of Interstate 5, which is a major north/south coastal access route and scenic corridor. Past Commission precedent and the scenic and visual policies of the Mello I1 LCP require that only monument signs not exceeding 8 ft. in height are permitted and tall free-standing pole signs are prohibited. The applicant has proposed a sign program consistent with these policies. The proposed development, while adjacent to Interstate 5, is set at a lower elevation than Interstate 5 and, therefore, is not hlly visible from the freeway. However, an existing approximately 30 foot-high freeway-oriented pole sign on the site is visible. The proposed development does not include any alteration to the pole sign’s height, although the existing words “Auto Service” are proposed to be replaced on the sign by the words “Food Mart”. Since no new pole signs are proposed and the existing sign’s height is not proposed to be altered, the proposed development can be found consistent with the City’s sign 6-98-99 Page 4 requirements. However, to assure that all proposed signage is consistent with the City’s LCP and Commission precedent, Special Condition #2 has been attached. This condition requires the applicant to submit a sign program which documents that only monuments signs not to exceed 8 ft. in height or faqade signs are proposed. Any future proposals for alternative signage must be reviewed by the Commission for consistency with the approved sign program or as an amendment to this permit. In addition, the applicants have proposed to improve and increase the existing landscaped area of the property by approximately 30 percent. As conditioned, potential impacts to visual resources in the area will be reduced to the maximum extent feasible. Therefore, the Commission hds the proposed project, as conditioned, consistent With Section 30251 of the Coastal Act. 3. Local Coastal Planning. The proposed development will be located within an area of deferred certification within the certified Mello I1 segment of the City of Carlsbad Local Coastal Program (LCP). Section 305 19.1 (c) of the Coastal Act requires that a coastal development permit within the Mello II segment planning area of the City of Carlsbad shall be approved only if the Commission finds that it is consistent with the certified local coastal program for the area. In this case, such a finding can be made for the proposed development. The Mello II segment of the City of Carlsbad LCP carries the same designation for this site as the City’s General Plan and zoning. The site is zoned Neighborhood Commercial (C-1) and designed for Travel-Recreation. Gas statiodfood mart’s are permitted in the . C-1 zone upon approval of a conditional use permit if the project is developed as part of a fieeway service facility. A conditional use permit has been approved for the development (CW 98-03). The scenic and visual policies of the Mello I1 segment of the Carlsbad LCP prohibit the installation of tall fkee-standing pole signs. However, in this particular case, the proposal does not increase the height of the existing free-standing sign or propose any new free-standing signs and, is therefore, consistent with Mello I1 policies. While the policies stated within the Mello I1 segment of the City of Carlsbad LCP are used for guidance, the standard of review is Chapter 3 policies of the Coastal Act. The project, as conditioned, is consistent with all applicable Chapter 3 policies of the Coastal Act and no adverse impacts on coastal resources is anticipated. Therefore, the development, as conditioned, should not prejudice the ability of the City of Carlsbad to implement its LCP. 6. Consistency with the California Environmental Quality Act (CEQA). Section 13096 of the Commission’s administrative regulations requires Commission approval of a coastal development permit application to be supported by a finding showing the application, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 2 108OS(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. 6-98-99 Page 5 The proposed project, as conditioned, has been found consistent with all applicable policies of the Coastal Act. There are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. STANDARD CONDITIONS: 1. 2. 3. 4. 5. 6. 7. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Compliance. All development must occur in Strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. (8099R) t No& m