HomeMy WebLinkAbout2009-02-04; Planning Commission; ; CUP 08-12 - 7-ELEVEN GAS STATIONThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION
Item No. 8
P.C. AGENDA OF: February 4, 2009
Application complete date: December 16, 2008
Project Planner: Shelley Esteybar
Project Engineer: Tecla Levy
SUBJECT: CUP 08-12 -7-ELEVEN GAS STATION -Request for approval of a Conditional Use Permit to allow the continued operation of an existing 7-Eleven gas station, generally located on the southeast corner of Palomar Airport Road and Paseo Del Norte within Local Facilities Management Zone 3.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6529 APPROVING CUP 08-12 based upon the findings and subject to the conditions contained therein.
II.INTRODUCTION
This Conditional Use Permit will allow for the continued operation of an existing 7-Eleven gas station located at 901 Palomar Airport Road. The original Conditional Use Permit (CUP 284x2) for this use expired on August 21, 2006 prior to the applicant submitting a CUP extension application. Accordingly, a new conditional use permit application is required to extend this use.
The project complies with City Standards and all necessary findings can be made for the
approval being requested. The Planning Commission is the final decision making body for this project.
III.PROJECT DESCRIPTION AND BACKGROUND
On July 23, 1986, the Planning Commission approved CUP 284 to remove an existing gas station, and to replace it with a drive-through gas station and a permitted 7-Eleven convenience store on property generally located on the southeast corner of Palomar Airport Road and Paseo Del Norte. On August 2151, 1996, the Planning Commission approved CUP 284xl (ResolutionNo. 3956) to extend the use permit for a five year period. On December 4, 2002, the Planning
Commission approved CUP 284x2 (Resolution No. 5303) to extend the use permit for an
additional five year period. Condition No. 4 of the approving CUP Resolution No. 5303 specifies that CUP 284x2 is granted for a period of five years but may be extended upon written application of the permittee. Because the applicant did not submit an extension application in a timely manner as required, a new Conditional Use Permit is required to request the continued operation of the gas station.
The gas station is currently operated in conjunction with a permitted 7-Eleven convenience store
and is located within the vicinity of two other gas stations and the Flower Fields at the Carlsbad Ranch. It is adjacent to an existing commercial center as well as a Carl's Jr. Fast Food ,, •+r
CUP 08-12- 7-ELEVEN GAS STATION February 4, 2009 Page 2
Restaurant. The gas station is located within the Commercial-Tourist, Qualified Development Overlay (C-T-Q) zone and is a permitted use within this zone subject to the approval of a
Conditional Use Permit by the City of Carlsbad Planning Commission.
Pursuant to Section 21.06.040(3) of the Carlsbad Municipal Code (CMC), the project is exempted from the requirements of the Q-Overlay zone in that the originally approved Conditional Use Permit (CUP 284) was for the replacement of an existing gas station with a new gas station and a permitted 7-Eleven convenience store. No additional square footage of more than one-thousand square feet was included with this proposal.
The project site is also located within the CommercialNisitor Serving Overlay Zone. Pursuant
to Section 21.208.130 of the Carlsbad Municipal Code (CMC), the proposed project is not
subject to the provisions of the CommercialNisitor Serving Overlay Zone in that the project is
an existing use that does not propose a change in use, does not require a building permit or a business license and does not propose an increase in square footage.
Staff has historically performed annual reviews of the project in accordance with the conditions of approval. At each of the annual inspections, the project site was determined to be in compliance with the conditions of approval for the project. As a part of the current Conditional
Use Permit (CUP) renewal request, staff determined that the landscaping needed to be
refurbished and requested the applicant to complete the landscape improvements prior to taking the project forward for consideration by the Planning Commission. The applicant has addressed staff's concerns and has adequately refurbished the landscaping (see Attachment No. 7).
The Planning Department is recommending that the Conditional Use Permit (CUP 08-12) be approved retroactively from August 21, 2006 and in perpetuity to allow the continued operation of the gas station located at 901 Palomar Airport Road.
IV.ANALYSIS
A.The existing gas station located at the southeast comer of Palomar Airport Road andPaseo Del Norte continues to be consistent with all applicable plans, policies andregulations described below:
1.The Carlsbad General Plan;
2.Title 21 of the Carlsbad Municipal Code; and
3.Local Facilities Management Plan for Zone 3.
B.The adopted project findings for CUP 284x2, which are contained in Planning
Commission Resolution No. 5303 still apply to this project (CUP 08-12) and are
incorporated within the new resolution of approval.
C.The adopted project conditions for CUP 284x2, which are contained in PlanningCommission Resolution No. 5303 still apply to this project (CUP 08-12) and are
incorporated within the new resolution of approval with the exception of Condition
No. 6 which has been satisfied, and Condition No. 4 which is replaced by Condition
No. 9 in Planning Commission Resolution No. 6529 to approve CUP 08-12retroactively from August 21, 2006 and in perpetuity.
CUP 08-12-7-ELEVEN GAS STATION February 4, 2009Page 3
D.No formal written complaints regarding CUP 284x2 have been submitted to the City.
E.Annual reviews have been conducted for CUP 284x2 and the project is in compliancewith all conditions of approval.
V.ENVIRONMENTAL REVIEW
The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -Existing Facility, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption shall
be filed with the County Clerk upon approval of the project.
ATTACHMENTS:
1.Planning Commission Resolution No. 65292.Location Map3.Background Data Sheet4.Disclosure Statement
5.Reduced Exhibits
6.Planning Commission Resolution No. 5303, dated December 4, 2002 (CUP 284x2)
7.Planning Commission Resolution No. 3956, dated August 21, 1996 (CUP 284xl)8.Planning Commission Resolution No. 2571, dated July 23, 1986 (CUP 284)9.Landscape Proposal Exhibit
10.Exhibits "A"-"D" dated June 10, 1986
NOT TO SCALE
SITEMAP
7-ELEVEN GAS STATION
CUP 08-12
BACKGROUND DATA SHEET
CASE NO:CUP 08-12
CASE NAME: 7-ELEVEN GAS STATION
APPLICANT: 7-Eleven, Incorporated
REQUEST AND LOCATION: For the continued operation of an existing gas station located
on the southeast corner of Palomar Airport Drive and Paseo Del Norte.
LEGAL DESCRIPTION: Portion of Parcel 2 of Parcel Map No. 195 in the City of Carlsbad,
County of San Diego, State of California, filed in the office of the County Recorder of San Diego
City, January 30, 1970 as File No. 18100 of official records
APN: .211-050-17 Acres: J>7 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: TR
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: C-T-Q Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site
North
South
East
West
C-T-Q
OS
C-T-Q
C-T-Q
C-T-Q
TR
OS
TR
TR
TR
Gas Station/
Convenience Store
Flower fields
Commercial Center
Fast-food Restaurant
Gas Station
LOCAL COASTAL PROGRAM
Coastal Zone: 1X1 Yes I I No Local Coastal Program Segment: Mello II
Within Appeal Jurisdiction: | | Yes IXI No Coastal Development Permit: [~1 Yes £<
Local Coastal Program Amendment: I I Yes [X] No
Existing LCP Land Use Designation: T-R Proposed LCP Land Use Designation: N/A
Existing LCP Zone: C-T-Q Proposed LCP Zone: N/A
No
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, "Existing Facilities" Section 15301
Negative Declaration, issued N/A
I I Certified Environmental Impact Report, dated N/A
D Other, N/A
Revised 01/06
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note:oe: . -, , - T-t. , fc^T. , , , - : ;-
Person ]s definedT as "Any^ individual, ..firm, co-partnership/joirit venture, assqciation,,social club, fraternal organization,
corporation^ estate, trust, receiver, syndicate, in'thfs and any othe? county.'Vity arid county, city municipality, district or
other political subdivision or any other group or combination acting as a unit." >-„ - r ,-~ «_iv -- 'r< *» * • - -. • _*\,>fcV ' , v^ , -
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below. * ', « „ ,
1 .
2.
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 INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) 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.)
C£0 PcX ^-gtcVO4 UCPersonCorp/Part
TWe
Address 3306- t &>AJ)Address
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 (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person
Title
Corp/Part
Title
Address Address H*fc*SO*.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
3. NON-PROFIT ORGANIZATION OR TRUST
Jf any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust__ Non Profit/Trust
Title Title
Address Address
4. Have you had more than $500 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
I Yes |Xj 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 of my 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
/j.
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 Of 2
'U_L-L-w-
-S33JW M3A3T3--T"i *
1 PLANNING COMMISSION RESOLUTION NO. 5303
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
» CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT EXTENSION TO ALLOW THE
4 CONTINUED OPERATION OF A DRIVE-THRU GAS ISLAND
AT THE 7-ELEVEN FOOD STORE ON PROPERTY LOCATED
5 AT 901 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
6 CASE NAME: 7-ELEVEN FOOD STORE
CASE NO.: CUP 284x27
g WHEREAS, the Winter Family Partnership, "Owner" and 7-Eleven, Inc.
9 "Applicant" have filed a verified application with the City of Carlsbad which has been referred
10 to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request for a Conditional Use
12 Permit extension
13 Parcel 2 of Parcel Map No. 195 in the City of Carlsbad, County
14 of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, January 30, 1970 as
15 File No. 18100 of Official Records
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for Condition Use
10 Permit Extension as shown on Exhibits "A" - "D," dated June 10, 1986, on file in the Planning
19 Department 7-ELEVEN FOOD STORE - CUP 284x2 and as provided by the conditions of
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approval of CUP 284x1 and Chapter 21.50 of the Carlsbad Municipal Code; and
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WHEREAS the Planning Commission did, on 4th day of December 2002, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CUP Extension.
27 WHEREAS on August 21,1996, the Planning Commission approved CUP 284x1
2° as described and conditioned in Planning Commission Resolution No. 3956.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Planning
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A) That the foregoing recitations are true and correct.
Commission of the City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing, the Planning
5 Commission APPROVES 7-ELEVEN FOOD STORE - CUP 284x2
based on the following findings and subject to the following conditions:
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Findings:7
_ 1. The adopted findings for CUP 284x1 which are contained in Planning Commission
Resolution No. 3956 apply to this extension and are incorporated by this reference.
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Conditions:
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
11 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
12 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
14 compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
15 this Condition Use Permit.
16 2. All conditions of approval imposed upon Conditional Use Permit CUP 284x2 as stated in
Planning Commission Resolution No. 3956 shall apply as conditions of approval for CUP
284x2 and are incorporated by this reference, except Condition No. 3 which has been
satisfied, and Condition No. 1 is replaced by Condition No. 4.18
3. 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
20 a substantial negative effect on surrounding properties or the public health and welfare.
If the Planning Director determines that the use has such substantial negative effects, the
21 Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
22 substantial negative effects.
4. This Conditional Use Permit is granted for a period of five (5) years retroactively from
August 21, 2001 through August 20, 2006. This permit may be revoked at any time
after a public hearing, if it is found that the use has a substantial detrimental effect on
25 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
26 not to exceed five (5) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
27 extension, unless it finds that there are no substantial negative effects on surrounding land
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PCRESONO.5303 -2-
1 uses or the public's health and welfare. If a substantial negative effect on surrounding
land uses or the public's health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
2 is no limit to the number of extensions the Planning Commission may grant.
4 Engineering;
5 5. Should the applicant or property owner sell or lease either Parcel 1 of Parcel Map 195
or Parcel A of Parcel Map 2923 so that these lots are owned or leased by more than
6 one party, a reciprocal parking agreement shall be established for these two lots to the
satisfaction of the City Attorney.
g 6. Within 6 months of approval of this Conditional Use Permit extension, Developer
shall submit and receive approval for a Storm Water Management Plan (SWMP) to
9 the City of Carlsbad Engineering Department. This project qualifies as a "priority
project" as defined by Order No. 2001-01 by the California Regional Water Quality
10 Control Board and therefore this project is required to capture and reduce
pollutants to a level of insignificance. The organization and content of the SWMP
11 shall be prepared in accordance with City of Carlsbad guidelines. The SWMP shall
address the anticipated pollutants of concern associated with the Project. The
^ SWMP shall also suggest the type(s) of Best Management Practices (BMPs) to be
. used to capture and filter said pollutants of concern.
14 7. Prior to the next annual review of this Conditional Use Permit, Developer shall have
constructed the necessary BMP measures to capture and filter the anticipated pollutants
15 of concern associated with the Project in accordance with the SWMP and the latest
California National Pollution Discharge Elimination System (NPDES) Permit.
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17 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees,
19 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
22 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
25 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
27 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PCRESONO.5303 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of December 2002, by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
C^v_^>
O-jfcP-V**. ^7^
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
t
\N\li Q^Q^$:z/\AAjQQQ^
MICHAEL J. iK>LZMELLER
Planning Director
PCRESONO. 5303 -4-
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PLANNING COMMISSION RESOLUTION NO. 3956
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
THE CONTINUED OPERATION OF A DRIVE-THROUGH
GAS ISLAND AT THE 7-ELEVEN FOOD STORE ON
PROPERTY LOCATED AT 901 PALOMAR AIRPORT ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: 7-ELEVEN FOOD STORE
CASE NO: CUP 284x1
WHEREAS, the Southland Corporation 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 extension as shown on Exhibits "A - D", dated June 10,1986, on file in the Planning
Department and as provided by the conditions of approval of CUP 284, and Chapter 21.50 of
the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 21st day of August, 1996, hold a duly noticed public hearing to consider
said application on property described as:
Parcel 2 of Parcel Map No. 195 in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, January 30, 1970 as
File No. 18100 of Official Records.
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 284x1,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES the five year extension of Conditional Use Permit, CUP 284 (CUP
284x1), based on the following findings and subject to the following conditions:
4 Findings;
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1 . 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 specifically permitted in the zone in which the
proposed use is located, in that the General Plan identifies gas stations as appropriate
uses to be located within designated Travel/Recreational areas and the drive
through gas island is needed to serve existing and future development within the
southwest quadrant of the City.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the drive through gas island and all ancillary improvements continue to fit on
the site.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
13 adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that required walls, landscaping, setbacks, parking spaces
14 and driveways have been constructed/implemented as approved and adequately
maintained, thereby ensuring compatibility with surrounding neighborhood uses.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project site is located at the intersection of
17 Palomar Airport Road (a Prime Arterial) and Paseo Del Norte (a major Arterial)
which have adequate capacities to accommodate the traffic generated by the drive
1 8 through gas island.
19 5. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15301 of
the state CEQA Guidelines and will not have any adverse significant impact on the
environment.
Conditions:
23 1 . The Planning Commission does hereby approve the Condition Use Permit extension
for the drive through gas island project entitled "7-Eleven Food Store", (Exhibits "A -
24 D " on file in the Planning Department and incorporated by this reference, dated June 6,
1986), 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 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
27 approved exhibits. Any proposed development substantially different from this approval,
shall require an amendment to this approval.
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PCRESONO.3956 -2-
1 2. This Conditional Use Permit is extended for period of five (5) years. This Conditional
Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if
2 all conditions of this permit have been met and that the use does not have a substantial
. negative effect on surrounding properties or the public health and welfare. If the
Planning Director determines that the use has such substantial negative effects, the
4 Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
5 substantial negative effects. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect 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 five (5)
years upon written application of the permittee made no less than 90 days prior to the
g expiration date. The Planning Commission may not grant such extension, unless it finds
that there are no substantial negative effects on surrounding land uses or the public's
9 health and welfare. If a substantial negative effect on surrounding land uses or the
public's hearth and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
12 3. All conditions of approval imposed upon CUP 284, as stated in Planning
Commission Resolution No. 2571, shall apply as conditions of approval for CUP
13 284x1, except Condition No. 12 is amended by No. 2 above, and conditions 5,19 and
40 which are no longer in effect.
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PCRESONO. 3956 -3-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 Commission of the City of Carlsbad, California, held on the 21st day of August, 1996, by the
following vote, to wit:
4
AYES: Chairperson Compas, Commissioners Heineman, Monroy,
5 Nielsen, Noble, Savary and Welshons
6 NOES: None
7 ABSENT: None
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ABSTAIN: None
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WILLIAM COMPAS, Chairperson
12 CARLSBAD PLANNING COMMISSION
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MICHAEL J. HOLZMILl
17 Planning Director
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PLANNING COMMISSION RESOLUTION NO. 2571
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO REMOVE AN EXISTING
GAS STATION, AND TO REPLACE IT WITH A NEW 7-
ELEVEN FOOD STORE WITH DRIVE-THROUGH GAS ISLAND
ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL
NORTE.
APPLICANT: 7-ELEVEN FOOD STORE
CASE NO; CUP-28A-
WHEREAS, a verified application has been filed with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code,
the Planning Commission did, on the 23rd day of July, 1986, hold a
duly noticed public hearing to consider said application on
property described as:
Parcel 2 of Parcel Map No. 195 in the City of Carlsbad,
County of San Diego, State of California, filed in the
Office of the County Recorder of San Diego County,
Ganuary 30, 1970 as File No. 18100 of Official
records,
WHEREAS, at said hearing, upon hearing and consid ering al
testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to CUP-284-.
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.
(B) That based on the evidence presented at the public hearing, the
Commission APPROVES CUP-28^, based on the following findings
and subject to the following conditions:
Findings;
1) That the proposed use is necessary and 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 this zone.
2) That the subject property is adequate in size and shape to
accommodate the proposed use.
3) All of the yards, setbacks, walls, fences, landscaping and
„ other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood will
Q be provided and maintained,o
The street system serving the subject property is adequate to
handle all traffic generated by the proposed use
5) The project is consistent with all City public facility pol-
-- icies and ordinances since:
,« a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the Cit
Engineer determines that sewer service is available, and
., . building cannot occur within the project unless sewer
service remains available, and the Planning Commission is
-, c 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.
,„ b) All necessary public improvements have been provided or
will be required as conditions of approval.
18 c) 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
OT General Plan.
22 d) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
23 6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on June 18, 1986 and approved by the
25 Planning Commission on 3uly 23, 1986
27 ////
PC RESO NO. 2571 '-2-
28
7) This project requires the construction of the improvements or
facilities listed in the conditions of approval or the paymen
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reason
stated in the staff report. If the improvements or facilitie
are not provided, the project will create an unmitigated
burden on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
project consistent with City goals, policies and plans.
" 8) The applicant is by condition, required to pay any increase ii
public facility fee, or new construction tax, or development
fees, and has agreed to abide by any additional requirements
established by a development management or public facility
° program ultimately adopted by the City of Carlsbad. This wil
ensure continued availability of public facilities and will
' mitigate any cumulative impacts created by the project.
10 Conditions:
1) Approval is granted for CUP-284, as shown on Exhibits "A" -
n P.II.. p 'D", dated Oune 10, 1986 incorporated by reference and on file
in the Planning Department. Development shall occur
-. _ substantially as shown unless otherwise noted in these
' conditions.
2) This project is approved upon the express condition that
-e building permits will not be issued for development of the
subject property unless the City Engineer determines that
.. 6 sewer facilities are available at the time of application for
such sewer permits and will continue to be available until
time of occupancy. This note shall be placed on the final
map.
3) This project is also approved under the express condition that
•jo the applicant pay the public facilities fee adopted by the
City Council on April 22, 1986 and any development fees
2Q established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code to implement the growth management
2n system or public facilities phasing plan and to fulfill the
subdivider's agreement to pay the public facilities fee dated
22 3uly 1, 1986 a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not
23 paid, this application will not be consistent with the General
Plan and approval for this project shall be void.
24 ' x 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.
26 5) Water shall be provided to this project pursuant to the Water
Service agreement between the City of Carlsbad and the Costa
Real Water District, dated May 25, 1983.
28 PC RESO NO. 2571 -3-
6) The applicant shall prepare a 2Vx36" reproducible mylar of
•*• the final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and approved by
~ the Planning Director prior to the issuance of building
permits.o
. 7) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
_ Planning Director prior to the issuance of building permits.D
- 8) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
7
9) Any signs proposed for this development shall be designed in
o conformance with the City's Sign Ordinance and shall also be
subject to review and approval of the Planning Director prior
- to installation of such signs.
10 ^ ^ 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.
12 11) All roof appurtenances, including air conditioners, shall be
•1.7 architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursuant
to Building Department Policy No. 80-6, to the satisfaction o
the Directors and Planning and Building.
15 12) This conditional use permit is granted for a period of ten
years. This conditional use permit shall be reviewed by the
Planning Director on a yearly basis to determine if all
->n conditions of this permit have been met and that the use does
not have a significant detrimental impact on surround-
ing properties or the public health and welfare. If the
Planning Director determines that the use has such significan
adverse impacts, the manager shall recommend that the Plannin
Commission, after providing the permittee the opportunity to
20 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 effect on surrounding land uses
22 a°d the public's health and welfare, or the conditions impose
herein have not been met. This permit may be extended for a
23 reasonable period of time not to exceed five years upon
written application of the permittee made not less than 90
days prior to the expiration date. In granting such
extension, the Planning Commission shall find that no
OK substantial adverse effect 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
effect on surrounding land uses or the public's health and
27 welfare is found, the extension shall be considered as an
28 may grant.
PC RESO NO. 2571
_
__
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13) Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible
from the street or access road; color of identification and/or
addresses shall contrast to their background color.
14) 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 65913.5, 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.
15) Before obtaining a final map or building permit, whichever
occurs first, the applicant shall: a) agree to pay any
increase in the public facilities fee or additional tax on new
construction and/or new development fees established by the
City Council prior to Duly 20, 1986; b) agree to abide by any
additional requirements established by the development
management system or phasing plans which may be ultimately
adopted by the City of Carlsbad. This condition complies with
City Council Ordinance No. 9791.
__ 16) The 7-Eleven building approved with this application shall be
constructed in substantial conformance with the architectural
,g
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elevations submitted as part of this application. Any
revisions to these approved elevations shall require the
approval of the Planning Director.
The architecture of the drive-throi
be composed of the same architectu
Eleven store on the subject property.
_ fi 17) The architecture of the drive-through structure (canopy) shall
be composed of the same architectural materials as the 7-
_„
18) The project applicant shall be required to remove the
existing underground tanks and piping prior to the issuance
of building permits.
19) The applicant shall provide the following note on the final
map of the subdivision and final mylar of this development
submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal Code establishes a
Growth Management Control Point for each General Plan land use
designation. Development cannot exceed the Growth Control
Point except as provided by Chapter 21.90. The land use
designation for this development is . The Growth
Control Point for this designation is dwelling units
per nonconstrained acre.
////
PC RESO NO. 2571 -5.
Parcels were used to calculate the intensity of
development under the General Plan and Chapter 21.90.
Subsequent redevelopment or resubdivision of any one of these
parcels must also include parcels of this development in
calculating allowable development under the General Plan and
Chapter 21.90 of the Carlsbad Municipal Code."
Engineering Conditions;
20) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.6
21) The grading for this project is defined as "controlled grad-
7 ing" by Section 11 .06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to ensure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
22) Should the applicant or property owner sell or lease either
-._ Lots A or B so that these lots are owned or leased by more
than one party, a reciprical parking agreement shall be
.,, established for these two lots to the satisfaction of the
City Attorney.
23) Upon completion of grading, the developer shall ensure that an
, _ "as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective
measures as actually constructed and must be based on a con-
-. „ tour map which represents both the pre and post site grading.
This plan shall be signed by both the soils engineer and the
- _ engineering geologist. The plan shall be prepared on a mylar
or similar drafting film and shall become a permanent record.
2A-) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
SI 25) All slopes within this project shall be no steeper than 2:1.
PP 26) Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply with
all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
/ / / /
26
27
PC RESO NO. 2571 -6-
28
27) The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
2 measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
3 Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to
the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
" slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
' the temporary basins and erosion control measures for a period
of time satisfactory to the City Engineer and shall guarantee
" their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
° Engineer.
28) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City
Engineer.
29) The developer shall pay the current local drainage area fee
prior to issuance of any grading or building permit for this
project or shall construct drainage systems in conformance
. with the Master Drainage Plan and City of Carlsbad Standards
•" as required by the City Engineer.
30) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit
_„ for this project.
31) The drainage system shall be designed to ensure that runoff
resulting from a 10-year frequency storm of 6 hours or 24
_ Q hours duration under developed conditions, is equal to or less
than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hour and
24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired
results.
32) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
33) The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
27
PC RESO NO. 2571 -7-
28
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. . The developer shall comply with all the rules, regulations and
1 design requirements of the respective sewer and water agencies
regarding services to the project.
2
35) All private driveways shall be kept clear of parked vehicles
at all times, and shall have posted "No Parking/Fire Lane Tow
Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal
Code.
36) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by the
Engineer in responsible charge of the work. Each sheet shall
be signed and sealed, except that bound documents may be
' signed and sealed on their first page. Additionally, the
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
_- project, that I have exercised responsible charge over the
•*••*• design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
first sheet of each set of plans shall have the following
certificate:
1 understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a review
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
16 Firm:
17 Address:
City, St.:
Telephone:
BY Date:
p.. (Name of Engineer)
R.C.E. NO.
37) The developer shall provide the City with a reproducible 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 improvement plan submittal and shall be 24" x 36" in
size and of a quality and material satisfactory to the City
Engineer.
////
PC RESO NO. 2571 -8-
38) Prior to occupancy, any damaged public improvements within
1 one-half street width fronting the project shall be repaired
to the satisfaction of the City Engineer.
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25
26
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28
39) The developer shall, prior to the issuance of building
permits, pay the interim traffic fee established by the City
Council. Should a finalized traffic impact fee be in effect
at the time fees are required the applicant shall pay the
finalized fee.5
40) Before and as a condition of obtaining a final map, or final
6 development permit or site plan approval under Title 21 of the
Carlsbad Municipal Code, the subdivider shall enter into a
' contract with the City whereby the subdivider covenants on
behalf of the subdividers and subdivider's successors in
interest to the following:
a) No opposing and consenting to the formation of a bridge
and major thoroughfare district for the southern area of
the City.
b) Payment of the bridge and major thoroughfare fee for the
area of the district in which this development is
located.
c) Payment of the traffic impact fee established for the area
_ . of the City in which the development is located.
_ c Fire Department Conditions;J.D
41) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
,„ Department.
__ 42) The applicant shall be required to provide plans of the
proposed gasoline tank installation to the fire marshal for
approval prior to the issuance of building permits.
11(1
Illl
Illl
Illl
mi
mi
PC RESO NO. 2571 _?_
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 23rd day of July, 1986, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: McBane,
Marcus, McFadden, Holmes, Hall.
NOES: None.
ABSENT: Commissioner Schramm.
ABSTAIN: None.
CLARENCE SCHLEHUBER," Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL 0. HOLZflULLER
PLANNING DIRECTOR
PC RESO NO. 2571 -9-
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