HomeMy WebLinkAbout2001-10-03; Planning Commission; ; CUP 94-01AX1 - SHELL OILThe 'ty of CARLSBAD Planning Dep.!ent
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: October 3, 2001
Item No.
Application complete date: September 19, 2000
Project Planner: Greg Fisher
Project Engineer: Jeremy Riddle
SUBJECT: CUP 94-0l(A)xl -SHELL OIL -Request for an extension of CUP 94-0l(A) to
allow the continued operation of a combination self-service car wash/ gas station
and convenience market at the southwest comer of Carlsbad Village Drive and
Pio Pico Drive, in Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4932
APPROVING a seven year extension of CUP 94-0l(A) based upon the findings and subject to
the conditions contained therein.
II. INTRODUCTION
This proposed retroactive seven year extension of CUP 94-0l(A)xl will allow the continued
operation of a combination self-service car wash/ gas station and convenience market at the
southwest comer of Carlsbad Village Drive and Pio Pico Drive retroactively from November 2,
1999 through November 2, 2006. Shell Oil has operated the gas station in conformance with the
required conditions of approval during the past seven years. The car wash opened in 1997 and
has also operated in conformance with the conditions of approval. Recently, Shell Oil changed
the building colors on the self-service car wash/gas station and convenience market to reflect
Shell Oil Company's new corporate building color scheme, however, the color changes are
considered to be in substantial conformance with the conditional use permit.
III. PROJECT DESCRIPTION AND BACKGROUND
On November 2, 1994, the Planning Commission approved CUP 94-01 to allow a combination
self-service car wash/gas station and convenience market at the southwest comer of Carlsbad
Village Drive and Pio Pico Drive. On February 7, 1996, the Planning Commission approved
CUP 94-0l(A), a request to amend CUP 94-01 to modify one condition to extend the time by
which building permits must be issued. That CUP expired on November 2, 1999. Condition No.
11 of the approving CUP Resolution No. 3718 specifies that CUP 94-01 is granted for a period
of 5 years but may be extended upon written application of the permittee (Shell Oil) for a period
not to exceed 10 years. Shell Oil is requesting a 7 year extension of CUP 94-0l(A), effective
retroactively to November 2, 1999 through November 2, 2006.
CUP 94-0l(A)xl -SHELL'IL
October 3, 2001
Page2
IV. ANALYSIS
A. The combination self-service car wash/ gas station and convenience market continues to
be consistent with all applicable plans, policies and regulations described below:
1. Carlsbad General Plan
2. Local Facilities Management Plan 1
3 Growth Management
4. Title 21 of the Carlsbad Municipal Code
B. The adopted project findings for CUP 94-01 and CUP 94-0l(A), which are contained in
Planning Commission Resolutions No. 3718 and No. 3894, still apply to this project
(CUP 94-0l(A)xl).
C. The adopted project conditions for CUP 94-01 and CUP 94-0l(A), which are contained
in Planning Commission Resolutions No. 3718 and No. 3894, still apply to this project
(CUP 94-0l(A)xl) with the exception of Condition No. 11 of Planning Commission
Resolution No. 3718 which is amended by Condition No. 3 in Planning Commission
Resolution No. 4932 to retroactively extend CUP 94-0l(A) for 7 years from November 2,
1999 through November 2, 2006.
D. A formal written complaint regarding CUP 94-0l(A) was submitted to the City on May
2, 2001. A concerned resident living near the service station complained about excessive
noise stemming from the service station in the late evening and early morning hours. The
noise was the result from the applicant (Shell Oil) cleaning the grounds with a high
pressure washer system. In recognition of the complaint, Shell Oil changed their
cleaning procedures and no longer uses the high pressure washer system. There are no
unresolved issues.
E. Annual reviews have been conducted for CUP 94-0l(A) and the project is in compliance
with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 4932 (CUP)
2. Location Map
3. Background Data Sheet
4. Planning Commission Resolution No. 3718, dated November 2, 1994
5. Planning Commission Resolution No. 3894, dated February 7, 1996
SHELL OIL
CUP 94-01 (A)x1
BACKGROUND DATA SHEET
CASE NO: CUP 94-0l(A)xl
APPLICANT: Tait & Associates/Shell Oil
REQUEST AND LOCATION: Extension of time for an existing Gas Station/Convenience
Store/Car Wash at the southwest comer of Carlsbad Village Drive and Pio Pico Drive.
LEGAL DESCRIPTION: A portion of Tract 115 of Town of Carlsbad, according to Map
775, filed February 15, 1894, in the City of Carlsbad, County of San Diego, State of California.
APN: 156-180-15, 26, 28 & 30 Acres: .65 Proposed No. of Lots/Units: N~/A~------
GENERAL PLAN AND ZONING
Land Use Designation: TR-Travel/Recreation Commercial
Density Allowed: NI A Density Proposed:N -~/ A __ _
Existing Zone: C-1 Proposed Zone: =--N=/ A'--=-------------
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Site C-1
North R-P-Q
South OS
East C-2
West TCNR
Zoning Land Use
Service Station
Civic Center
Park
Offices, Restaurant
Freeway/Service Station
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): J
ENVIRONMENTAL IMPACT ASSESSMENT
~ Negative Declaration, issued September 2, 1994
D Certified Environmental Impact Report, dated ______________ _
D Other,
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PLANNING COMMISSION RESOLUTION NO. 3718
A RESOLUTION. OP. THE PIANNING COMMISSION OF
THE CTIY OF CARLSBAD, CALIFORNIA, APPROVING
THE RENUMBERING AND AMENDMENT TO A
CONDmONAL USE PERMIT TO DEMOLISH ONE
FUELING ISLAND AND CANOPY AND CONVERT THE
EXISTING SERVICE BAYS TO A NEW COMBINATION
CONVENIENCE MARKET/CAR WASH AND APPROVING
A SIGN 45 FEET ABOVE THE FREEWAY ON PROPERTY
GENERALLYLOCATEDATTHESOUTHWESTCORNER
OF CARLSBAD VILLAGE DRIVE AND PIO PICO DRIVE.
CASE NAME: SHELL OIL
CASE NO: CUP 94-01
WHEREAS, a verified application has been filed with the City of Carlsbad
and referred to the Planning Com.mission; and
WHEREAS, said verified application constitutes a request for a Conditional
Use Permit Amendment as provided by Section 21.26.015 and Chapter 21.42 of the Carlsbad
Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 2nd day of November, 1994, hold a duly noticed public hearing to
consider said application on property desc~bed as:
A portion of Tract 115 of Town of Carlsbad, according to Map
775, filed February 15, 1994, in the City of Carlsbad, County of
San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to renumbering and amending CUP 157 to CUP 94-01.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES renumbering and amending CUP 157 to CUP 94-01, based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
The project is consistent with all· City public facility policies and ordinances since:
a.
b.
C.
d.
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured that the project will not be approved unless the City Council
finds that sewer service is available to serve the project. In addition, the
Planning Commission has added a condition that a note shall be placed on the
project that building permits may not be issued for the project unless the
District Engineer determines that sewer service is available, and building
cannot occur within the project unless sewer service remains available, and the
Planning Commission is satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they apply to sewer
service for this project.
All necessary public improvements have been provided or will be required as
conditions of approval.
' The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable this body to find that public facilities will be
available concurrent with need as required by the General Plan.
Assurances have been given that adequate sewer for the project will be
provided by the ~ity of Carlsbad.
The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for commercial/governmental/open space uses
on the General Plan.
The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued
availability of public facilities and will mitigate any cumulative impacts created by the
project.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on September 2, 1994, and
Approved by the Planning Commission on November 2, 1994. In approving this
Negative Declaration the Planning Commission has considered the initial study, the
staff analysis, and any written comments received regarding the effects this project
could have on the environment.
PC RESO NO. 3718 -2-
1 5. This project is consistent with the City's Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
2 Facilities Management Plan for Zone 1.
3 6. The proposed project complies with the findings necessary for a Cenditional
4 Use Permit as follows:
5 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
6 of the general plan, and is not detrimental to existing uses or to uses
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specifically permitted in the zone in which the proposed use is to be located
because tlte proposed semce station and car wash will; (1) sen-e tourists and
8 motorists traveling Carlsbad Village Drive and the 1-5 Freeway corridor; (2)
diversify the range or commercial semces available to local residents and
9 tourists or the area; (3) the car wash will have a water recycling system, thus
allowing motorists to wash their automobiles while consemng water; ( 4) the
10 project will not be detrimental to existing uses as adequate distances between
11 the proposed car wash and adjacent properties have been provided and the
project's architecture Is compatible with the styles prevalent In the Immediate
12 area.
13 B. That the site for the intended use is adequate in size and shape to
14 accommodate the use because; (1) adequate onslte parking Is provided to
accommodate the use; (2) adequate vehicle stacking Is provided at the
15 entrance to the car wash; (3) the site has adequate room for vehicle turning
movements; and ( 4) circulation will be improved by eliminating two or the
16 three driveways along Pio Pico Drive.
17 C. That all of the yards, setbacks, walls, fences, landscaping, and other features
18 necessary to adjust the requested use to existing or permitted future uses in
the neighborhood will be provided and maintained. Adequate landscaping,
19 decorative wall, and moundlng/bermlng are provided along the perimeter of
the project to screen the building, parking, and areas for waiting cars from
20 adjacent properties and the public right-of-way.
21 D. That the street system serving the proposed use is adequate to properly
22 handle all traffic generated by the proposed use because; (1) less traffic will
be generated by this project than the existing use and therefore, the street
23 system will not be significantly Impacted by this project; (2) development of
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the project ls contingent upon adequate public facilities and, (3) two of the
three driveways located along Pio Pico will be removed and the one remaining
25 driveway will be relocated Improving Ingress and egress to the site.
26 7. That this service station existed prior to April 14, 1970 when Resolution No 657 was I· adopted, and therefore, the locational criteria for semce stations, required pursuant
27 to Chapter 21.42.010(7)(A) of the Carlsbad Municipal Code are not applicable as
28 provided for In Section 21.42.010(7)(C) of the Carlsbad Municipal Code.
PC RESO NO. 3718 -3-
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8. The existing use on the site (service station with four bays) was approved under a
previous Conditional Use Permit CUP 157, Planning Commission Resolution No.
1479. All conditions of the previously approved project as well as CUP 157 are
superseded by this Resolution No. 3718.
9. The project ls not consistent with the City's landscape requirement of a 6' minimum
perimeter planter area and therefore, this project will not be approved unless this
landscape requirement ls modified through approval of an Administrative Variance.
10. The height of the freeway pole sign at 45 feet above the freeway elevation Is necessary
because of severe constraints on its visibility caused by vegetation and topography.
8 Conditions:
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1.
2.
. 3.
4.
5.
6.
Approval is granted for CUP 94-01, as shown on Exhibit(s) "A" -"G", except as
modified to provide the required 6' wide planter area, dated October 19, 1994,
incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions, and
approved by the Planning Director and City Engineer. All conditions of Planning
Commission Resolution No. 1457 and prior CUP 157 shall be superseded by this
resolution, No. 3718 and CUP 94-01.
The developer shall provide the City with a reproducible 24" x 36", mylar copy of the
Site Plan as approved by the Planning Commission. The Site Plan shall reflect the
conditions of approval by the City. The Plan copy shall be submitted to the City
Engineer prior to building, grading or improvement plan submittal, whichever occurs
first.
This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the District Engineer
determines that sewer facilities are available at the time of application for such sewer
permits and will continue to be available until time of occupancy.
This project is also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 ( amended July 2,
1991 ), and as amended from time to time, and any development fees established by
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to pay the public facilities
fee dated July 28, 1994, a copy of which is on file with the City aerk and is
incorporated by this reference. If the fees are not paid this application will not be
consistent with the General Plan and approval for this project will be void.
Water shall be provided by the Carlsbad Municipal Water District.
This project shall comply with all conditions and mitigation measures which may be
required as part of the Zone 1 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
PC RESO NO. 3718 -4-
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7. 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 determines that the project
without the condition complies with all requirements of law.
8. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
9. This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
10. Approval of CUP 94-01 is granted subject to the approval of an Administrative
Variance· for reduced planter width.
11. This conditional use permit is granted for a period of five (5) years. This conditional
use permit shall be reviewed by the Planning Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or the public health and
welfare. If the Planning Director determines that the use has such significant adverse
impacts, the Planning Director shall recommend that the Planning Commission, after
providing the permittee the opportunity to be heard, add additional conditions to
mitigate the significant adverse impacts. This permit may be revoked at any time
after a public hearing, if it is found that the use has. a significant detrimental affect
on surrounding land uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended for a reasonable
period of time not to exceed ten (10) years upon written application of the permittee
made no less than 90 days prior to the expiration date. In granting such extension,
the Planning Commission shall find that no substantial adverse affect on surrounding
land uses or the public's health and welfare will result because of the continuation
of the permitted use. If a substantial adverse affect on surrounding land uses or the
public's health and welfare is found, the extension shall be considered as an original
application for a conditional use permit. There is no limit to the number of
extensions the Planning Commission may grant. ·
12. If the property owner/owners' address changes from that which is shown on the
conditional use permit application, a notice of a change of address shall be reported,
in writing, to the Planning Department within 30 days.
13. Prior to the issuance of the building permits, there shall be a deed restriction placed
on the deed to this property, subject to the satisfaction of the Planning Director,
notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Negative Declaration and Conditional Use Permit by Resolution Nos. 3717
and 3718 on the real property owned by the declarant. Said deed restriction shall
note the property description, location of the file containing complete project details
and all conditions of approval as well as any conditions or restrictions specified for
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inclusion in the deed restriction. Said deed restriction( s) may be modified or
terminated only with the approval of the Planning Director, Planning Comroi!»ion
or City Council of the City of Carlsbad whichever has final decision authority for this
project.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to· City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the
project to the satisfaction of the Planning Director.
15. All roof appurtenances, including air conditioners, shall be architecturally integrated
and 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 Planning and Building.
16. The car wash shall Incorporate water recycling equipment into Its design.
17. This project is approved with the Ryko Model R7B Ultra Clean with Thrust Pro
Dryer with noise reduction package. Other models may be used by the developer,
however, such equipment shall be reviewed and approved by the Planning Director
and shall not exceed a noise level of 69 dBA Leq at 50 feet from the exit or entrance
to the car wash. Documentation that the noise generation potential of alternative
equipment shall be submitted for review by the Planning Director.
18. Prior to the issuance of building permits, an exterior lighting plan including parking
areas shall be submitted for Planning Director approval. All lighting shall be
designed to reflect downward and avoid any impacts on adjacent properties.
19. Aisles, passageways, and recesses related to and within the bull ding complex shall ·
be illuminated with an intensity of at least twenty-five one hundredths (.25)
footcandles at the ground level during the hours of darkness. Lighting devices shall
be protected by weather and vandalism resistant covers.
20. Open parking areas shall be provided with a maintained minimum of (1) footcandle
of light on the parking surface during the hours or darkness. Lighting devices shall
be protected by weather and vandalism covers.
21. Hollow steel doon shall have a minimum sixteen U.S. gauge and sufficient
reinforcement to maintain the designed thickness of the door when locking device ls
Installed. Glass doors shall have fully tempered glass or rated burglary resistant
glazing. All swing exterior doors shall be equipped with a dead bolt. All doors shall
be equipped with an astragal constructed of steel a minimum of .125 Inch thick
which will cover the opening between the doors. The astragal shall be attached to
the outside by means of welding or with non-removable bolts spaced apart on not
more than ten Inch centers. The jamb on all aluminum frame swinging doors shall
be so constructed or protected to withstand 1600 pounds of pressure In both a
vertical distance of three Inches and horizontal distance of one Inch each side of the
PC RESO NO. 3718 -6-
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strike, so as to prevent violation or the strike. Panic hardware shall be installed
whenever It Is required by the Uniform Building Code.
22. Special attention should be given to the cashier area. It should be placed to afford
the cashier vfslblllty of the entire complex, with no signs or obstacles Impeding
surveillance. Consideration should be given to electronic security devices such as
electronic surveillance cameras .and 211/Robbery/Hold-up transmission buttons.
Monitoring and communication should be available from the gas pumps to the
cashier area.
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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.
No outdoor displays or storage shall be permitted on the site.
Working drawings shall show that the block wall used on the project perimeter
adjacent to Pio Pico Drive shall be of a material and color to match the exterior
color of the project, prior to certificate or occupancy.
At minimum, 6 foot perimeter landscape planters shall be provided on the site,
except as may be approved by an Administrative Variance.
This project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 or the State Building Code.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading
or building permits, whichever occurs first.
A schedule for landscape maintenance shall be submitted for review and approval by
the Planning Director to ensure that all landscaped areas are maintained in a healthy
and thriving condition, free from weeds, trash, and debris.
30. All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the
Planning Department.
31. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
32. The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
33. Moundlnw'bermlng shall be used along the perimeter of the site and within
27 the ~nterlor landscape areas.
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34. A uniform sign program for this development shall be submitted to the
Planning Director for his review and approval prior to occupancy or any
building. No signage including any commercial advertisements located along
the gasoline pump Islands, in windows, and on the building shall be
permitted unless a revised sign program Is approved by the Planning
Director.
35. As part of the plans submitted for building permit plan check, the applicant
shall include a reduced version of the approving resolution/resolutions on a
24" x 36" blueline drawing.
36. The curb around the perimeter of the convenience store shall be painted red to
prohibit parking In front or or along side the building.
37. The applicant is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is :
further aware that the City may determine that certain non-residential projects may i
have to pay a linkage fee, in order to be found consistent the Housing Element of j
the General Plan. If a linkage fee is established by City Council ordinance and/or '.
resolution and this project becomes subject to a linkage fee pursuant to said ;
ordinance and/or resolution, then the applicant for this project, or his/her/their :
successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the /
time of issuance of building permits, except for projects involving a request for a non-·
residential planned unit development for an existing development, in which case, the
fee shall be paid on approval of the final map, parcel map or certificate of
compliance, required to process the non-residential PUD, whichever pertains. If :
linkage fees are required for this project, and they are not paid, this project will not
be consistent with the General Plan and approval for this project will become null
and void.
Engineering Conditions:
38. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this site plan.
39. The applicant shall comply with all the rules, regulations and design requirements of i
the respective sewer and water agencies regarding services to the project.
40. The applicant shall be responsible for coordination with S.D.G.& E., Pacific Bell
Telephone, and Cable TV authorities.
41. Prior to building permit issuance, the applicant shall pay all current fees and deposits
required.
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42. Prior to approval of the building permit, the owner of the subject property shall :
execute an agreement holding the City harmleg regarding drainage acrog the
adjacent property.
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43. Pretreatment of the sanitaiy sewer discharge from this project may be required. In
addition to the requirements for a sewer connection permit the applicant shall
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The
applicant shall apply for, obtain and maintain an industrial waste water discharge
permit concurrently with the building permit for this project and such permit shall
be in effect for the life of the Conditional Use Permit.
44. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
45. The applicant shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPEDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to issuance of building permit.
46. Prior to building permit Issuance, the applicant shall obtain a right-of-way permit,
an approved traffic control plan, and submit all appropriate securities as deemed ,
necessary by the City Engineer for all work to be done In the public right-of-way.
Fire Conditions:
47.
. 48.
Prior to the issuance of building permits, complete building plans shall be submitted
to and approved by the Fire Department.
Applicant shall submit a copy of the approved site plan to the Fire Department
showing access routes, driveways and general traffic circulation.
19 Carlsbad Municipal Water District Conditions:
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49. The entire potable and non-potable water system/systems for subject project shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands can
be met.
50. Sequentially, the Developer's Engineer shall do the following:
a.
b.
c.
Meet with the City Fire Marshal and establish the fire protection
requirements. Also obtain G.P.M. demand for domestic and irrigational
needs from appropriate parties.
Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
Prior to the preparation of sewer, water and reclaimed water improvement
plans, a meeting must be scheduled with the District Engineer for review,
comment and approval of the preliminary system layouts and usages (i.e. -
GPM-EDU)
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51. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit. The Developer
shall pay a San Diego County Water Authority capacity charge which will be
collected at Issuance of application for meter Installation.
52. This project Is approved upon the express condition that building permits will not
be Issued for development of the subject property unless the water district serving
the development determines that adequate water and service Is available at the time
of application for such water service and sewer permits will continue to be available
until time of occupancy.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Pianning Commission of the City of Carlsbad, California, held on the 2nd day of November,
1994, by the following vote, to wit:
AYES: Chairperson Savary, Commissioners Noble, Erwin, Compas,
Nielsen, and Monroy.
NOES: Commissioner Welshons.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PIANNING COMMISSION
A'ITESI':
MICHAELJ.HOLZMILLER
PIANNING DIRECTOR
PC RESO NO. 3718 -10-
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PLANNING COMMISSION RESOLUTION NO. 3894
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT AMENDMENT TO
MODIFY ONE CONDITION TO ALLOW ONE
ADDITIONAL YEAR FOR THE ISSUANCE OF BUILDING
PERMITS ON PROPERTY GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF CARLSBAD VILLAGE
DRIVE AND PIO PICO DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: SHELL OIL
CASE NO: CUP 94-0l(A)
WHEREAS, Shell Oil Company has filed a verified application with the City
of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditional
Use Permit Amendment to modify Condition No. 9, of Resolution No. 3718 to allow one
additional year for the issuance of building permits for the project as shown on Exhibits
"A" •· "G", dated October 19, 1994 incorporated by this reference and on file in the Planning
Department as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 7th day of February, 1996, hold a duly noticed public hearing to
consider said application on property described as:
A portion of Tract 115 of Town of Carlsbad, according to Map
775, filed February 15, 1894, in the City of Carlsbad, County of
San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CUP 94-0l(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES Conditional Use Permit, CUP 94-0l(A), based on the following findings
and subject to the following ·conditions:
FindinKs:
1.
2.
3.
All of the findings previously made for the original approval of this project as
contained in Planning Commission Resolution Nos. 3717 and 3718 are hereby made
for this amendment request and incorporated herein by this reference.
The City's MEIR found that air quality and circulation impacts are significant and
adverse; therefore the Council adopted a statement of overriding considerations.
The project is consistent with the General Plan and as to those effects, no additional
environmental document is required.
The proposed amendment will allow the applicant additional time to secure a
building permit for the project and will not create any conflicts with the
implementation of the City's General Plan.
12 Planning Conditions:
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1.
2.
3.
4.
The Planning Commission does hereby approve the CUP amendment request for the
Shell Oil Project entitled "Shell Oil, CUP 94-0l(A)". (Exhibits "A" -"G" on file in the
Planning Department and incorporated by this reference, dated October 19, 1994),
subject to the conditions herein set forth. Staff is authorized and directed to make
or require the Developer to make all corrections and modifications to the plan
Documents, as necessary to make them internally consistent and conform to Planning
Commission's final action on the Project. Development shall occur substantially as
shown on the approved exhibits. Any proposed development substantially different
from this approval, shall require an amendment to this approval.
This approval shall become null and void if building permits are not issued for this
project by November 2, 1996. This represents one additional year beyond the earlier
one year granted with the earlier approval to obtain building permits. This
condition modifies and replaces Condition No. 9 of Planning Commission Resolution
No. 3718 which approved CUP 94-01.
All other provisions contained in Planning Commission Resolution Nos. 3717 and
3718, except as modified herein, remain in full force and effect.
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented 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, institute and
prosecute litigation to compel their compliance with said conditions or seek damages
PC RESO NO. 3894 -2-
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•
for their violation. No vested rights are gained by Developer or a successor in
interest by the City's approval of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 7th day of February,
1996, by the following vote, to wit:
A YES: Chairperson Campas, Commissioners Erwin, Monroy, Nielsen, Noble,
Savary and Welshans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
PC RESO NO. 3894 -3-