HomeMy WebLinkAbout1991-08-06; City Council; Resolution 91-243I
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RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA PARTIALLY GRANTING AN APPEAL AND APPROVING THE CONDITIONAL USE PERMIT WITH REVISED CONDITIONS FOR A GAS STATION/MINIMART/CAR WASH GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE.
APPLICANT: MOBIL OIL
CASE NO: CUP 90-2
WHEREAS, a verified application for a conditional
permit for a gas station/minimart/car wash on property gene]
located at the southwest corner of Palomar Airport Road and I
Del Norte and described as:
Lot tlHtt of Rancho Agua Hedionda Map No. 823,
City of Carlsbad, County of San Diego, State
of California.n
has been filed with the City of Carlsbad and referred to
Planning Commission; and
WHEREAS, the Planning Commission did on April 17,
hold a duly noticed public hearing as prescribed by law to con!
said application for Conditional Use Permit 90-2; and
WHEREAS, the Planning Commission did on April 17,
after hearing and considering all the evidence and testimony o
people desiring to be heard adopted Resolution No. 3203 apprc
the Conditional Use Permit 90-2; and
WHEREAS, the applicant appealed Condition Numbers
11 of Planning Commission Resolution No. 3203 to the City Cou
and
WHEREAS, on June 11, 1991 the City Council of the Ci
Carlsbad held a duly noticed public hearing as prescribed by 1
consider said appeal and at said hearing directed to sta:
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return with the recommendation on the time limit for the CUP a
add a condition requiring the use of recycled water to thi
wash.
WHEREAS, on July 23, 1991 the City Council of the Ci
Carlsbad held a duly noticed public hearing as prescribed by 3
consider said appeal and at said hearing after consideration c
the evidence, testimony, and argument of those persons preser
desiring to be heard the City Council approved the Conditiona
Permit 90-2 and directed the City Attorney to prepare docu
which would partially grant the appeal and uphold the Pla
Commission's decision,
NOW, THEREFORE, BE IT RESOLVED by the City Council c
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the findings and conditions of the Pla
Commission in Resolution No. 3203, attached as Exhibit A and
a part hereof, constitute the findings and decision of the
Council except for the additional finding of Section 3,
amendment of Conditions No. 9 and 11 and the addition of Cond
No. 65 to read as follows:
"9. This approval shall be null and void if bui permits are not issued for this project by August 6, 1992.Il
Ig11. This Conditional Use Permit is granted for a p of ten (10) years commencing on August 6, 1991. This Condit
Use Permit shall be reviewed by the Planning Director on a 1
basis to determine if all conditions of this permit have be€
and that the use does not have a significant detrimental imp;
surrounding properties or the public health and welfare. I Planning Director determines that the use has such signii
adverse impacts, or that other factors related to this condit
use have a detrimental effect on surrounding properties or 1
health, safety or welfare, the Planning Director shall recc
that the Planning Commission, after providing the permitte
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opportunity to be heard, add additional conditions to mitigat(
significant adverse impacts. The additional conditions may in(
the prohibition or limitation of certain activities on the prc site. This permit may be revoked at any time after a pi hearing, if it is found that the use has a significant detrimc affect on surrounding land uses and the public's health welfare, or the conditions imposed herein have not been met. permit may be extended for a reasonable period of time nc exceed ten (10) years upon written application of the perm made no less than 90 days prior to the expiration date. granting such extension, the Planning Commission shall find th
substantial adverse affect on surrounding land uses or the pub
health and welfare will result because of the continuation o permitted use. If a substantial adverse affect on surrounding
uses or the public's health and welfare is found, the exte
Use Permit. There is no limit to the number of extension!
Planning commission may grant."
shall be considered as an original application for a Condit
"65. Prior to occupancy the applicant shall inst( water recycling system to maximize water conservation and e the re-use of wash water."
3. Except as modified above the applicant's appe,
denied. He did not present any evidence that his investment
not reasonably be amortized over the initial term of the pe
Because of the difficulty of anticipating how the surrounding
will ultimately develop and the uncertainty over the effect o
planned Palomar Airport Road intersection improvements ant
potential construction of the Price Club, the City Council
that it is necessary in order to insure that the public he
safety and welfare are protected, that the initial term of
permit not extend beyond ten years. The applicant's request f
years is unreasonable, unsupported by any justification
contrary to the public interest.
"NOTICE TO APPLICANT"
'!The time within which judicial review of
this decision must be sought is governed by
has been made applicable in the City of Code of Civil Procedure, Section 1094.6, which
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Carlsbad by Carlsbad Municipal Code Chapter
1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days
after the decision becomes final a request for
the record of the proceedings accompanied by
the required deposit in an amount sufficient
to cover the estimated cost of preparation of
such record, the time within which such
petition may be filed in court is extended to
not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
day of *UgU City Council of the City of Carlsbad on the
1991, by the following vote, to wit:
6th
AYES: Council Members Lewis, Kulchin, Larson and Stanton
NOES: None
ABSENT: Council Me
ATTEST:
ALETHA L. RAUTENKRANZ, City &Lerk
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PLAN"G COMMISSION RESOLUTION NO. 3203
~ A RESOLUTION OF THE PLANNING COMMISSION OF THE
- CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING
GAS STATION AND DEVELOP A NEW COMBINATION GAS
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
PALOMAR AIRPORT ROAD AND PASEO DEL NORTE.
CASE NAME: MOBIL OIL
STATION/MINI-MART/CAR WASH ON PROPERTY
CASE NO: CUP 90-02
WHEREAS, a verified application has been filed with the City of Car
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as providc
Title 21 of the Carlsbad Municipal Code; and
WHEW, pursuant to the provisions of the Municipal Code, the Pla:
Commission did, on the 3rd day of April, 1991, and on the 17th day of April, hold i
noticed public hearing to consider said application on property described as:
Lot "H" of Rancho Agua Hedionda, Map No. 823, City of
Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considerii
testimony and arguments, if any, of all persons desiring to be heard, said Corn !
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1 considered all factors relating to CUP 90-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comrr
of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Corn
APPROVED CUP 90-02, based on the following findings and subject
folloGing conditions:
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Findinns :
1. Theproposed project complies with the findings necessary for a Conditional
Use Permit as follows:
A. That the requested use is necessary or 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 the proposed project will;
(1) be developed as part of a freeway-service facility; (2) the use
will serve tourists and motorists traveling the Palomar Airport Road
and 1-5 freeway corridor; (3) the use will diversify the range of
commercial services available to local residents and tourists; (4) the
car wash will have a water recycling system, thus allowing motorists
to wash their automobiles and conserve water; (5) the illegal automobile storage use will be legitimized through the Conditional
Use Permit Process or eliminated prior to construction of the project;
(6) the project will not be detrimental to existing uses as adequate
buffers have been provided from adjacent properties and the
project's architecture is consistent with the style prevalent in the
immediate area.
That the site for the intended use is adequate in size and shape to
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accommodate the use because; (1) adequate onsite parking is
provided to accommodate the use; (2) adequate vehicle stacking is
provided at the entrance and exit to the car wash; (3) the site has
adequate room for vehicle turning movements; (4) a reciprocal
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driveway access will be provided between the project and Dennv's;
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permitted future uses in the neighborhood will be provided anC
maintained. Adequate landscaping, decorative wall, and berming arc
provided along the perimeter of the project to screen the building
parking, and areas for waiting cars from adjacent properties and thf
public right-of-way.
That the street system serving the proposed use is adequate tc
properly handle all traffic generated by the proposed use; (1) tht
additional traffic generated by this project will not significantl!
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impact the surrounding street system; (2) adequate future public
right-of-way dedication to accommodate improvements along Paseo
contingent upon adequate public facilities, including improvements to the Interstate-5 bridge and on end of ramps.
--- Del Norte will be provided; and (3) developmenr of the project is
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2. The Planning Commission has, by inclusion of an appropriate condition tc
project, ensured building permits will not be issued for the project unless th
Engineer determines that sewer service is available, and building cannot
within the project unless sewer service remains available, and the Pla
Cornmission is satisfied that the requirements of the Public Facilities Elem
the General Plan have been met insofar as they apply to sewer service fc
project.
AU necessary public improvements have been provided or will be requii
conditions of approval.
The applicant has agreed and is required by the inclusion of an apprc
condition to pay a public facilities fee. Performance of that contract and pa
of the fee will enable this body to find that public facilities will be av
concurrent with need as required by the General Plan.
The proposed project is compatible with the surrounding future land use
surrounding properties are designated for commercial development on the C
Plan.
The applicant is by condition, required to pay any increase in public facil! or new construction tax, or development fees, and has agreed to abide
additional requirements established by a Local Facilities Managemen
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. Ti
ensure continued availability of public facilities and will mitigate any CUT
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staff analysis, and any written comments received regarding the effects this
could have on the environment.
This project is consistent with the City's Growth Management Ordinance i
been conditioned to comply with any requirement approved as part of tl
Facilities Management Plan for Zone 3.
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Conditions:
1. Approval is granted for CUP 90-02, as shown on Exhibit(s) "A" - "S', date(
3, 1991, incorporated by reference and on file in the Planning Depar
Development shall occur substantially as shown unless otherwise noted ir
conditions.
The developer shall provide the City with a reproducible 24" x 36", mylar c
the Site Plan as approved by the Planning Commission. The Site Plan shall rhe conditions of approval by the City, The Plan copy shall be submitted
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City Engineer prior to building, grading or improvement plan submittal, wh
occurs first.
This project is approved upon the express condition that building permits 1
be issued for development of the subject property unless the City E
determines that sewer facilities are available at the time of application f;
sewer permits and will continue to be available until time of occupancy.
This project is also approved under the express condition that the applic
the public facilities fee adopted by the City Council on July 28, 1987
amended from time to time, and any development fees established by t
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code o
ordinance adopted to implement a growth management system or facilit
facilities fee dated March 11, 1991, a copy of which is on file with the Ci
and is incorporated by this reference. If the fees are not paid this applicat
not be consistent with the General Plan and approval for this project will
Water shall be provided to this project pursuant to the Water Service ag
between the City of Carlsbad and the Carlsbad Municipal Water District, da
25, 1983.
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improvement plan and to Nfill the subdivideis agreement to pay thc
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7. If any condition for construction of any public improvements or facilitie!
payment of any fees in lieu thereof, imposed by this approval or impose1 on this project are challenged this approval shall be suspended as pra
Government Code Section 65913.5. If any such condition is &termin
invalid this approval shall be invalid unless the City Council determines
project Without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all secti0I.r
Zoning Ordinance and all other applicable City ordinances in effect a1
building permit issuance.
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9. This approval shall become null and void if building permits are not issued fo
project within one year from the date of project approval.
__. 10. Approval - of CUP 90-02 is granted subject to the approval of SDP 90-04.
11. This conditional use permit is granted for a period of five (5) years.
conditional use permit shall be reviewed by the Planning Director on a yearly
to determine if all conditions of this permit have been met and that the use
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health and welfare. If the Planning Director determines that the use has
significant adverse impacts, the Planning Director shall recommend th
Planning Commission, after providing the permittee the opportunity to be
add additional conditions to mitigate the significant adverse impacts. This 1
may be revoked at any time after a public hearing, if it is found that the u
a significant detrimental affect on surrounding land uses and the public’s
and welfare, or the conditions imposed herein have not been met. This 1
may be extended for a reasonable period of time not to exceed ten (10) year
written application of the pedttee made no less than 90 days prior
expiration date. In granting such extension, the Planning Commission sk
that no substantial adverse affect on surrouncling land uses or the public’s
and welfare will result because of the continuation of the permitted use
substantial adverse affect on surrounding land uses or the public’s heal1
welfare is found, the extension shall be considered as an original applicatj
a conditional use permit. There is no limit to the number of extensio
Planning Commission may grant.
If the property owner/owners’ address changes from that which is shown
conditional use permit application, a notice of a change of address SI
reported, in writing, to the Planning Department within 30 days.
Prior to the issuance of the building permits, Conditional and Special Use
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not have a sigmficant detrimental impact on surrounding properties or the 1
there shall be a deed restriction placed on the deed to this property subjecl
satisfaction of the Planning Director notifying all interested parties and suc
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in interest that the City of Carlsbad has issued a Negative Declaration, Conc
Use Permit and Site Development Plan by Resolution Nos. 3202, 3203 an
on the real property owned by the declarant. Said deed restriction shall n
property description, location of the file containing complete project detz
all conditions of approval as well as any conditions or restrictions spec?
inclusion in the deed restriction. Said deed restriction(s) may be mod
terminated only with the approval of the Plhg Director, Planning Corn
or City Council of the City of Carlsbad whichever has final decision authc
this project.
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14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
pursuant to City standards. Location of said receptacles shall be approved k
--. Planning Director. Enclosure shall be of similar colors and/or materials t
project - to the satisfaction of the Planning Director.
15. All roof appurtenances, including air conditioners, shall be architect integrated and concealed from view and the sound buffered from adj
properties and streets, in substance as provided in Building Department Polk
80-6, to the satisfaction of the Directors of Planning and Building.
Prior to the issuance of buildiq permi's, an exterior lishting plan inc
parking areas shall be submitted for Planning Director approval. All lightin;
be designed to reflect downward and avoid any impacts on adjacent hor
property.
No outdoor storage of material shall occur onsite unless required by the
Fire Chief. In such instance a storage plan will be submitted for approval
by the Fire Chief and the Planning Director.
Working drawings shall show that the block wall used on the project pe~
shall be stuccoed to match the exterior color of the project, prior to certifi
OCCUpanCy.
The applicant shall prepare a detailed landscape and irrigation plan which s
submitted to and approved by the Planning Director prior to the issua
grading or building permits, whichever occurs first.
All parking lot trees shall be a minimum of 15 gallons in size.
All landscaped areas shall be maintained in a healthy and thriving conditic
from weeds, trash, and debris.
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1 1 22. The developer shall install street trees at the equivdent of 40-foot intend
all public street frontages in conformance with City of Carlsbad standard
trees shall be of a variety selected fkom the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Man
submitted per the landscape plan check procedures on file in the P
Department.
Landscape plans shall be designed to minimize water use. Lawn and otf
1 plants (see Landscape Manual) shall be limited to areas of specia importance or high use. Mulches shall be used and irrigation equipm
design shall promote water conservation.
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25. The developer shall avoid trees that have invasive root systems, produce exc
litter and/or are too large relative to the lot size.
TEriter width shall be a minimum of four (4) feet, not including curb, fc
md/or other paving, and parking overhang.
Prior to final occupancy, a letter from a California licensed landscape ar shall be submitted to the Planning Director certifying that all landscaping h:
installed as shown on the approved landscape plans.
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28. The applicant shall pay a landscape plan check and inspectian fee as requ
Section 20.08.050 of the Carlsbad Municipal Code.
29. The first set of landscape and higation plans submitted shall include b
plans, improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contoi
shall match the grading plans in terms of scale and location of improvem
Mature trees that are removed shall be replaced one to one with minimm
36" box specimens. Each case shall be reviewed by the Planning Director
Mounding shall be used in parking lot landscaping.
The minimum shrub size shall be 5 gallons.
Any signs proposed for this development shall be designed in accordanct
with the City's Sign Ordinance and conform with the Conditional Usc
of the Planning Director prior to installation of such signs. Any commercia
advertisements located along the gasoline pump islands, and on the buildin1
shall be considered signage and shall require a permit, and count toward
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Permit 90-02 sign exhibits "F" & "G" , and shall require review and approva
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the total sign square footage allowed for the use.
As part of the plans submitted for building permit plan check, the applican
shall include a reduced version of the approving resolutionhesolutions 01
a 24" x 36" blueline drawing. Said blueline drawing(s) shall also includ
a copy of any applicable Coastal Development Permit and signed approve1
site plan.
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36. Prior to the issuance of grading @ts, the project applicant shall rea Cbastd Development Permit from the California Coastal Commission that api
development that is in substantial conformance With the City approval. Evi that the permit has been received shall be submitted to both the Plannin
lzilginl32Xhg Deparlments.
37. The non-confodg automobile storage use located on the same parcel (Lot
'73" of Rancho Agua Hedionda Map 823) shall obtain a Conditional Use
Permit or be eliminated prior to issuance of building permits for this project
(CUP 90-02/SDP 90-04).
Ennineennn Conditions
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The developer shall be responsible to pay the recording fees for all agree]
easements and documents reqtired for this project.
Unless a standard variance has been issued, no variance from City Stand
authorized by virtue of approval of this site plan.
The developer shall comply with all the rules, regulations and design requirt
of the respective sewer and water agencies regarding services to the proje
The developer shall be responsible for coordination with S.D.G.&E.,
Telephone, and Cable TV authorities.
Pretreatment of the sanitary sewer discharge from this project may be re1
In addition to the requirements for a sewer connection permit the developt
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal
The developer shall apply for an industrial waste water discharge
concurrently with the building permit for this project. No Certificz
Occupancy for the project will be issued -before the industrial waste dis
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permit application requirements have been met, all applicable fees paid and
issued.
The developer shall obtain a building permit for underground tank rem0
obtain the proper haul route permit for transporting the tanks to a niSp0:
Prior to hauling dirt or construction materials to or from any pi
construction site within this project the developer shall submit to and
approval from the City Engineer for the proposed haul route. The develop
comply with all conditions and requirements the City Engineer may imp0
regards to the hauling operation.
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45. The developer shall provide adequate means of eliminating grease and oil: drabs prior to discharge onto Palomar Airport Road. Plans for
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improvementS shall be approved by the City Engineer prior to issuace of br
@t.
Additional drainage easements and drainage structures shall be provic installed prior to the issuance of grading or building pennit as may be requ
the City Engineer.
Prior to issuance of building permit, the developer shall secure an krevocab
of dedication for street right of way the entire length of the Legal Lot hn1
Paseo Del Norte for seven (7) additional feet.
Prior to Certificate of Occupancy, the developer shall replace or repair any
or defective curb, gutter, or sidewalk along the frontage of this project.
Prior to issuance of building permit, a right of way permit, traffic and pec
control plan and appropriate securities will be required for all work to be
the right of way or as deemed appropriate.
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50. The structural section for the private driveway must be designed with index of 5.0 in accordance with City Standards due to a truck route thrc
parking lot and/or aisles With an ADT greater than 500.
All sidewalk waderdrains must comply with San Diego County Regional I 51.
NO. D-25.
52. Prior to occupcy of the project the water meter shall be docated 01
driveway.
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Sewer latd in the righr of way shall have a minimum diameter of six (6
A deanout designed to San Diego County Regional Drawing No. S-3
placed at the iproperty line, if located in the driveway.
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54. ~pproval of rhis project is contingent upon the provision of adeqm
facilities to satisfy the Public Facilities Element of the General Plan. At
a Mello-Roos Community Facilities District iS proposed to finance the cor
of several Citywide facilities necessary to serve new development. If t!
Roos Commulnity Facilities District is not formed, the required Gen Consistency finding cannot be made for the Zone 3 propedes. No disc
approvals, Building Permits, Grading PermitS, Final Maps, or developma
will be issued or approved unless an alternate financing mechaman - iSp1
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the developer and approved by the City council to finance the facilities 1
applicable to Zone 3 that would have been or are included in the Corn
Fadities Wet. For purposes of this condition the M~O-ROOS &&ct v
-cansidered to be formed following an affirmative vote of the property ownex
8 3Oday period as pdbed by law to provided for any protest reg formation of the District.
Fire Conditions:
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55. Prior to the issuance of building permits, complete building plans sh submitted to and approved by the Fire Department.
Additional public and/or onsite fire! hydrants shall be provided if deemed
necessaty by the Fire Marshall.
Applicant shall submit a site plan to the Fire Department for approval of
driveways and gad traffic circulation.
All required fire hydrants, water mains and appurtenances shall be oper,
prior to combustible building materials being located on the project site.
All private driveways shall be kept clear of parked vehicles at all time, an
have posted "No ParkhUFire Lane - Tow Away Zone" pursuant to 5
17.04.040, Carlsbad Municipal Code.
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60. Plans and/or q~cations for fire damn systems, fire hydrants, extin@
systems, automatic sprinklers, and other systems pertinent to the project s
submitted to the Fire Department for approval prior to construction.
Carlsbad Municipal Water District Conditions:
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' 1 61. The entire potable and non-potable water systeldsystems for subject projel
be evaluated in detail to ensure that adequate capacity and pressure for do
landscaping and fire flow demands are mer.
The developer's engineer shall schedule a meeting with the District Engh
the City Fke Marshal and review the preliminary water system layout I
preparation of sthe water system improvement plans.
The developer will be responsible for all fees and deposits plus the major
charge which will be collected at time of issuance of building ped1
Developer shall/ pay a San Diego county Water Authority capaaty chargt will be collected at issuance of application for meter installation.
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PC RES0 NO. 3203 -1 0-
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64. This project is alpproved upon the express condition that building permits \ be issued for development of the subject property unless the water district
the development determines that adequate water and service is available
-time of application for water Service and will continue to be available un
af occupancy.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the P'
Commission of the Cily of Carlsbad, California, held on the 17th day of April, 1'
the following vote, to wit:
AYES: Vice-Chairperson Erwin, Commissioners: Schl
Schramm, McFadden, Marcus & Hall.
NOES: None.
ABSENT: Chairperson Holmes.
ABSTAIN: None.
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TOM ERWIN, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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1 MICHAEL J. HOIkMILER
PLANNING DIRECTOR
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PC RES0 NO. 3203 -11-