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HomeMy WebLinkAboutCUP 90-02; MOBIL STN - PAR & PASEO DEL NORTE; Site Planl 2 3 4 5 6 7 8 9 lo 11 12 13 14 I 15 ls 17 18 19 20 21 22 23 P,4 25 26 27 28 l 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 PUNNING COMMISSION RF.SOIJlJION NO. 3203 A RESOLlmON OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDmONAL USE PERMIT TO DEMOLISH AN EXISTING GAS STATION AND DEVEWP A NEW COMBINATION GAS STATION/MINI.MART/CAR WASH ON PROPERTY GENERALLY LOCATED ON THE SOITTHWEST CORNER OF PAWMAR AIRPORT ROAD AND PASEO DEL NORTE. CASE NAME: MOBIL OIL CASE NO: CUP 20-02 WHEIIEIIS, a verified application has been ftled with the City of Carlsbad and refened to the Planning Commission; and WHEREAS, said V<!rified application constin,n,s a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the P!Mning Commission did, on the 3rd day of April, 1991, and on the 17th day of April, hold a duly noticed p11blic hearing to consider said application on property described as: Lo\ ":i" of Rancho Agua Hodionda, Map No. 823, City of Carlsbad, County of San Diego, State of California. WHEREAS, at said public hearing, upon hearing and considering all testimony and azgwnents, if any, of all pern,ns des~ to be heard, said Commission considered all factors relating to CUP 90.02. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the futtgoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVED CUP 90-02, based on the followmg findings and subject to the following conditions: · 14. 15. 16. .17. 111. 19. 20. 21. 22. 23. 24. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. L<,cation of said receptacle< shall be appro\led by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. All roof appurtenances, including air conditioners, shall be architecturally integrated and concoaled from view and the sound buffered from adjacent properties and smets, in substance as provided in Building Department Policy No. 80·6, to the satisfaction of the Directors of planning and Building. Ptior to the is.uance ol bwldmg permils, an exterior lighting plan including parking areas shall be submitted fot Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite uni••• required by the Fir• Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. Working drawings shall .bow that the block wall med Oli the project perimeter shall be stuccoed to match the exterior color of the project, prior to certificate of occupancy. 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 pem,.its, whichever occurs first. All parking lot uees shall be a minimwn of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Th• developer shall install stnet treeS at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trHS shall be of a variety selected from the approved Sine! Tree List, All landscape plans shall be prepared to co¢'orm with the Landscape Manual ~d submitted per the landscape plan check proeedures on file in the Planning Department, Landscape plans shall be designed to rninimizt water use. Lawn and other zone l plant• {,ee Landscape Manual) shall be lin,lted to areas of special visual imponance ot high use. Mulches shall be used and imption equipment and design shall promote water conservatioIL PC RESO NO. 3203 -6- fi!,dinn: l 2 3 4 5 6 7 8 9 lo ll 12 13 14 15 16 17 · 18 19 20 21 22 23 24 25 26 27 28 l. 2 :3 4 5 6 7 8 9 10 ll 12 13 14 15 15 17 18 19 20 21 22 23 24 2G 26 27 28 1. Th• proposed 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 communi,;y, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to eldsting uses or to uses spocif'ically permitted in the zone in which the proposed use is 10 be located because the proposed project will; (1) be developed as pan of a freeway.service facility; (2) the use will serve tourists and motorists traveling the Palomar Airport Road and l•S freeway corridor; (3) the use will dj,,.,,..ify the range of commerdal 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 conser\11! water; (5) the illegal automobile storage use will be legitimiud thrOllgh the Conditional Use Permit Process or eliminated prior to construction of the project; (5) 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 ar~a. B. That the site for the intended use is adequate in size and shape to accommodate the use because; (1) adequate onsite parking ls 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 ruming movements: ( 4) a reciprocal driveway access will be provided between the project and Denny's; (5) driveway access to Denny's from Paseo Del None will be maintained; and (6) drivewar,I along the two frontages will be consolidated and relocated further from the interseetioIL C. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to Cldsting or pennitted future usos in the neighborhood will be provided and maintained. Adequate landsoaping. qecoratiw wall, and l)etming are provided along the perimeter of the project to screen the building, parking, and areas for waiting ca.s from adjacent properties and the public right-of-way. D. That the street system serving the proposed use is adequate to properly band!• all traffic generated by the proposed use; (1) the additional traffic generated by mis project will not sigidficantly PC RESO NO. 3203 -2- 25. 26. 27. 28. 29, 30. 31. 32. 33. 34. 35. The developer shall avoid trees that have invasiw root systems, produce excessive litter and/or are too large relative to the lot size. . Planter width shall be a minimum of four (4) feet, not including curb, footings and/or other paving, and parlcing overhang. Prior to nnal occupancy, a letter from a California licensed landsca_pe architect shall be submitted to th• pJa,uw1g Director certifying that all landscaplllg has been installed as shown on the appro\led landscape plans. The applicant shall pay a landscape p~ '.'1'eck and inspection fee as required by Section 20.08.050 of th• Carlsbad Mmucipal Code. Th• first set of landscape and ini~tion plans Slll>mitted shall include building plans. improvement plans and grading plans. All landsca and irrigation plans shall show existing and. proposed contours and shall matclithe grading plans in terms cf scale and locanon of ,mprovements. Mawr• ,rees that are removed shall be rep!3ccd one to on• ~th ~ 36" box specimens. Each case shall be reviewed by the Planning Direct • Mounding shall be used in parking lot landscaping- The mini,num shrub size shall be S gallons. · d , this development shall be designed in accordance Any signs propose or th the Co di · naJ use with the City's Sign ordinance and conform wi • . n no permit 90.02 s,'.gn exhibits "F" Bi: "G" , and_ shall reqwr<: review and appro~ of th• Planning Director prior tO instaJ!ation of~· :ny :n:ii~ advertisements located along the gasoline pump IS , an Oli e ds shall be considered signage and shall ~ulre a pennit, and count towar the total sign square footage allowed for the US4!. As part of the plans submitted for building pei_mit plan ~ the ai,,lic":~ shall include a reduced version of the ap~roWIZ ~luuo=un~ude a 24" x 36" blucline drawing. SaidJ>luelir¥! draWU;S(s) . d O roved a copy of any applicable Coastal Development Penmt and s,gne app site plan. PC RESO NO. 3203 .7. l 2 3 4 ~ 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l 2 3 4 5 6 7 8 9 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. s. 6. 1. 8. flnpact the surn>unding street system; (2) adequate future public right-of-way dedication to accommodate improwments along ~as"? Del None will be provided; and (3) development of the proJect is contingent upon adequate public facilities, including improVements to the lnterstate·S bridge and on end of ramps. The Planning Commission has, by inclusion of an apptopriat~ condition to this project, ensured building pem,.its will not.be iss~ed for the pr~Je?' uruess the City Engineer detennines that sewer service IS available, and building cannot ~ within the project unless sewer service remains available, and the Planmng Commission is satisfied that the requiremellts of the Public Facilities !=3ement <;f the General Plan have been met insofar as they apply to sewer semce 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 '.'f tiu!:t."?ntta~ and pa,:ment of the fee will enable this body to find that public facilines will be available concurrent with need as required by the General Plan. The proposed project ;. compatible with the SUffOUllding future land uses since surn>unding properties are designated for commercial development on the General Plan. The applicant is by condition, required to pay any increaSe in public !acility fee, or new construction taJ<, or .development fees, and has agreed to ab1de by any additional requirements established by a Local Faciliti~ Management_ Pl~ ared ursuant to Chapter 21.90 of the carlsbad Mmucipal Code. This~ :re c~tinued availability of public facilities and will mitigate any cumulauve impacts cruted by th• project. . This 'ttt w:il1 not c:aUS4! any significant environmental impacts and a Negative ~Jon has been i.5sued by the Planning l)irector on January 10, l 9?1, an_d APPROVED by the Planning Commission on April 17,. 1991. In, ~!""'Ying this Negatiw Decl,uatiOli the Planning CornmiS$on has cons~ the =t1al s?"1y, .th• staff anatyN, and any written con,ments recei\led regarding the effects this proJect could have on the environment, This project is consistent with the City's Growth Management ()rdinance as it has been conditioned to comply with any require,nent appro\led as pan of the Local Facilities Managemeftt Plan i'or Zoue 3. PC RE.SO NO. 3203 36. 37. Prlor to the issuance of gn,diJ1g pamits, the project applicant sbal1 receive a Coastal~ Permit from tbecali!omia Coastal Commission that approves ~ that is in substanrial confonnantt with tbe City approval. Evidence that the permit bas been received shall be submitted to both the Plamrlng and ~ r>eparanents. 'The non«>llforming autoll>Obile storage use located Oli the same paroel (Lot "H" of Jw,cl,o Agua Hedionda Map 823) shall _obtain a. Conditi?nal ?se permit or be -'imina<..d prior to issuan<:e ofbuildillg permilS for mis pro,ect (CUP 90-02/SDP 90-04). Enrinrrrint Cnnditi0 ns 38. 39. 40. 41. 42. 43. The developer shall be responsible to pay the recording fees for all agreements, easements and documents required for this project. unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. The developer shall comply with all the rules, regulations and design requimnents of the respective sewer and water agencies regarding services to the project. The developer shall be responsible fot coordination with S.D.G.&E., Pacific Telephone, and cable TV authorities. Pretreatment of the sanitary sewer discharg• from. this proj~ct may be required. In addition to the requirements for a sewer connecuon pe,nut the dev,el.oper shall conform to the requirements of Chapter 13.16 of the Carlsbad MU!llapal Cod~. The developer shall apply for an industrial _waste. water disc~ pemut con=ently with the building ~t for mis proJect. _No Cenifi~atos of occupancy for the project will be ,ssued before the mdustnal w~te disc~ permit application requirements have been met, all applicable fees pmd and pemut issued. "' n., deRJoper shall obtain a buildil1g pmmt for ur,dergrouDd tank ~ ~ obtain the proper haul totne pennit i'or trao.<porting tbe t.m!ls to a disposal Site. Prior to hauling dirt or constrUCtion materials to or fii<~ any propo':"d construction site within this project the developer shall submit to and re=ve approval from the City Engineer for the propased haul route. The developer shall ' th Ci .,_.., __ , V • ,.,.,... With comply with all conditions and reqwrements e ty ----ma, =r-- regards to tho hauling operation. PC RESO NO. 3203 .e- l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l 2 3 4 5 5 7 B 9 10 ll 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 2& 27 28 CnnditjQrtS: 1. 2. 3. s. 6 . 7. 8, Approval is granted for CUP 90-02, as shown on Exhibit(s) "A"· "J", dated April 3 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shewn unless otherwise noted in these conditions. The developer shall provide the City with a reprodua'ble 24" x 36", mylar copy of the Site Plan as approved by the Planmng Commission. The Site Plan shall retlect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer prior to building, grading or improvemen• plan submittal. whichever occun fust. This project is approved u~n the express condition that building pem,.its will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer pemtlts 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 ~8, 1987 and .as amended from time to time, and any development fees established by the City Council punuant 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 March 11, 1991, a copy of which is on file with the City Clerk and is incorpora<ed by this reference. If the fees are not paid this application w:il1 liOt be consistent w:!th the General Plan and approval for this project will be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of.Carlsbad and the Carlsbad Municipal Water Distrlct, dated May 25, 1983. This projttt shall comply with all conditions an4 mitigation measures which may be required as part of the Zone 3 Local Facilities Managemenl Plan and any amer,d,n,-nts made to that Plan prior to the issuance of building pennit:s. If any condition for con:struetion of any public improvements or facilities, or the paymem of any fees in lie11 thereof, imposed by this approval or imposed _by la:" on this project are challenged mis approval shall be suspended as provided m ~ Code SectiOli 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council detemiind that the project without the condition complies with all req~ts of law. Approval of this request shall not excuse COJnpliance with all sectiotlS of the Zoning Oroinance and all other applicable City ordinances in effect at time of building permit issuance. . PC RESO NO. 3203 4S. 46. 47. 48. 49. so. 51. 52. 53. The developer shall provide adequate mean,; of eliminating grease and oils from drainage prior to discharge onto Pal__. ~ -~ Plans for ~ch improwu,m[S shall be appro,,ei by the City fngnY'CJ pnot to 1SSWII1tt of building permit. Additional drainage easements ani drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. · Prior to issuance of building permit, the developer shall secure an irrevocable offer of dedicatiou for street right of way the eorln, lmgth of the Legal Lot frontage 01i PaseO Del Norte for seven (7) additiOtlai feet. Prior to Cen:iJ!<:ate of Occupanc:y, the dev,,loper shall replace or repair any broken or defective cum, gutter, or sidewalk along the frontage ol this project. Prior to issuance of building permit, a right of way pemilt, trallic and pedes~ C011ncl plan and appropriate securities will be required for all work to be done Di the right of way or 11? .,_,,.., .. pp.:oprlate. The structural section for the private driveway must be designed with a traffic index of 5.0 in accordance with City Standatds due to a truck route thrOllgh the parking lot and/or aisles with an ADT greater than 500. All sidewalk undo:rdtains must comply with san Dies<> Counly RqiOtlai Drawing No. 0..25. Prior to oo:upmcy of tbe project the water metl!t shall be relocated out of the clriwway. Sewer laterals Iii the right of WHY shall hawe a minimum diameter of m (6) inches. A cleanout designed l'0 5an Diego O::,un1)' R"f)m.a1 Orawiog No. S-3 shall be placed at tbe P'"P""Y line; if located ;,, tbe ~- Growth Manamw;nt; Approval ol mis project is cOl)1:ingcnl: tJP.011 the provision of adequate public 111"'1iries to satisfy the Publie Facilities El..i.-t of the o-,r.l Plan. />,J; this ~ a Md)o.Rooo Cmm,nmity Facilities District is proposed ,.,, fina11ce tl,e construc110li of sewraJ Citywide facilitiD V ny to serVI! D£W ~ If t.he MelJo. Rem Cornm11rrity ;i, .... 1;ries Distriet is liOI: formed. .tbe ~ ~ Plan ColiSistmcy finding cannot be made for tbe 1.onc 3 pmpen,es. No c!is=li~ apptawls, Bui)dmg Permits, Grading Pu I •ill, Final Maps, or developmmt permits rill be issued 01 appokd unkss an altcmate finaorins mechanism is p,OYided by . PC R£$O NO. 3203 A.PPROVED ;HIS IS THE Af'PROVED TENTATIVE MAP/SITE PLANPEROONOITIONNO. '2. OFPLANNING COMMISSION RESOLUTION NO. '3Zg3. l 2 :3 4 5 6 ? 8 g 10 ll 12 13 14 15 16 17 18 19 20 21 22 21! 24 25 26 9. 10. 11. 12. 13. This approval shall become null and void if btillding permits are not issued for this project within one year from the date of project approval. Approval of CUP 90·02 is granted subject to the approval of SOP 90-04. This conditional use permit is granted for a period of five (S) years. This conditional use permit shall be teviewed by the Planning Director on a yearly basis to det~ if all conditions of this permit have been met and that the use does not haw a signilicanc detrimental impact on sumnmding properties t>r 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 th• 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 !,,.rein have not been met This permit ma_Y be exten_ded_ for a reasonable period of time not to exceed ten (10) years upon wntten application of the perm,ttee made no less than 90 days prior to the expiration date. In granting such extension. the Planning Commission shall find that no Stlbstantial adverse affect on surrounding land uses or the publie'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. If the property owner/owners' address changes from that which is shown on the conditional use pennit application, a notice of a change of address shall be rcponed, in writing, to th• Planning Department within 30 days. Prior to the issuance of the building permits, Conditional and Special Use Permit, there shall be a deed restriction placed on the deed to this propeny subject to the satisfaction of the Planning Director notifyiiog all lnte=ied parties and succes•o15 in interest that the City of Carlsbad has issued a Negatiw Declaration, Conditional Use Permit and Site Development Plan by Resolution Nos. 3202, 3203 and 3204 on the real property owned by the. dedarant. sald deed restriction shall noto the property description. location of the filo containing complete project details and all conditions of approval as well as any conditions or =tmtions specified for inclusion in the deed ratriction. Said deed restriction(•) may be modilled or terminated only with the approval of the Planning Due<tor, Planning Commission ot City Council of the City of Carlsbad whichever has_ final decision a11thority for this project. 27 PC RESO NO. 3203 .5- 26 l 2 :3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 21! 24 25 26 27 28 the developer and approved by the City CoulM:il to finance tbe facllities legally applicable to ZOne 3 that would ha1ao 1-u or are included Iii the (:onmnmity Facilit= District. For purposes of this a,ndition the Mello-Rooo Distrlct will be ~ to be formed fol1owilig an affirmative wte of the p,:operty OWDa$ plus a 3Q-day period as pi"5Cnl>ed by law to p,:,;>vided for any prolOSI regazding fonnation of the Dislri<:t. fire C12ndiriops: 55, Prior to the issuance of building permits, complete building plans ,hall be submitted to and approved by the Fire Department. 56. Additional public and/or onsite &r,, hydr&u:s shall be provided if deemed tll" a,y by the Fire Marshall. 57. Applicant shall submit a site plan to the Fire ~ for apprnval of access, dri-,. and geno,ral traffic: cin:ulati<m. SIi. All required lire hydrants, water mains and appurtenances shall be operational prior 10 combustible building !Wlterials bemg located on the project site. 59. All private driveways shall be kept clear of parked vehicles at all time, and shall have posted "No Parking/Fire Lane . Tow Away Zone" pumiant to section 17.04.040, Carlsbad Municipal Code. 60. P1am and/or specifications for fire alarm systems, fire hydrants, ~ systems, automatie sprinld,,rs, and other systmlS pertin"'1l to the project shall be submitted to the Fire Departmmt for approwl prior to eonstruction. Carjsbad Municipal w;iw Oistrlct Copdirlons: 61. The entire potable and non•potable water system/systems for Stlbject projttt shall be evaluated in detail to ensure that adequate capacity and pressure for do,nestie, landsc:aping and fire flow demands are met. 6:!, The developer's engineer shall ochedule a meeting with the District Engineer and the City F'lI1' Marshal and review the prelimirwy water system layout prior to preparation of the water system improvenient plans. 63. 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 pennit '!be DeveJop,,r: shall pay a San Diego County Water Authority c:apacity charge wblch wiD ~ c:ollectell ~t issuance ol applicati011 n: -imfailati<m. PC RESO NO. 3203 -10- NOTE: ~~ .. ,, dz~ l'f, p GOEPT.. DATE SEE .FOLLOWING SHEET FOR CONTINUATION OF RESOLUTION NO.: 3203. ONOOrJ....:I HlmlON f>NIMYYa )-m d z ... ::, z l.,J > < ,.,, ,.,, 'I' I Ill 0 Ill en DRAWING NUMBER FYJCOND SHEET NUMBER GY OFGS l 2 3 4 5 6 7 8 9 10 ll I 12 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 64. lbjs project is approved upon the ""I'""" <:Ol:ldition that building permits will not be issued far dew!lopllleD.t of the subject prcpmty Ullless the water district serving the dew,lopmei:tt deternunes that adequate water <md :service is available at the time of. applicatio,:a for w:arer service and will continue to be available until time of occupancy. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, by the following VOt<!, 10 wit: ATTEST: AYES: V'ice-Chairperson Erwin, Commissionen: Schlehuber, Schramm, McFadden, Marcus & Hall. NOES: None, ABSENT: Chaixpe,,on Holmes. ABSTAIN: N,:,ne, TOM ERWIN, Vice Chairperson CARLSBAD PLANNING COMMISSION -1tl«lkvff\lf{~/P, , MICHAEL J. HOLZMILLER PLANNING OIR.ECTOR PC RESO NO. 3203 -11- RESOLUTION NO. 9}~743 A RESOLUTION OF THE CITY COuNCIL OF THE CITY OF CARLSBAD, CALIFORNIA PARTIALLY GRJ>-NTING AN APPEAL AND APPROVING THE CONDITIONAL USE PERMIT WITH REVISED CONDITIONS FOR A GAS STAT!ON/1-IINIMART/CAR WASH GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD ANO PASEO DEL NORTE. APPLICANT: MOBIL OIL CASE NO: CUP 90-2 WrlEREAS, a verified application for a conditional us@ permit fer a gas station/minima.rt/car wash on property gener~lly located at the southwest corner of Palomar Airport Road and Paseo Del Norte and de~cribed as: Lot 11H11 ot Rancho Agua Hedionda Map No. 8.23, City of ca~lsbad, County of San Diego, StatQ of California. 1• has l:::iat;i;n filed -with the cit.y of caZ'"lsbad and :referred to th& _Planning Conmiission; and . ..... ~ \IIIE:REAs, the Planning.Co:mnission•did on April 17, 1991 hold:a duly no~iced publi~ hearing as prescrib~d by law to consider said application tor Conditional'.Usa Permit 90-2; and \IIIE:REAS, the Planning C=ission did on April 17, 1991 after hearing and considering~all the evlde:_nce and tasti~ony ot all people desiring to b• heard adopted Resolution No. 3203 approving the conditional Use Per,nit 90-2; and WHEREAS, th~ applicant appealed Condition NUI!"lbQrs 9 and 11 of Planning Commission Resolution No. 3203 to ~he City Council; and WHEREAS, on J~ne ll, 1991 the City council or the City of ca:i:l.~!.14d held a duly noticed public. h~aring as prescribed by law to 1 consid@r said appeal and at said hearing directed to staff to 27 ! 28 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 28 I ! I 11 PU.NNJNG COMMISSION BE©WJ:IQN "10. 3204 A RESOLUTION OF THE PLANNING COMMISSION OF TIIE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO DEMOLISH AN EXl5nNG GAS STATION AND DEVELOP A NEW COMBINATION GAS STATION/MINI•MART/CAR WASH ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE CASE NAME: MOBIL OIL Eim1inn: 1. 2. All &ndinp of Planning CDrnrnission Resolution Nos. · 3202, and 3203 are incoq,orated hen,in by refmm. This project • C011S00:11t with the er zom and. QualiJied Overlay zom and meets all the ~ of Chapter :Zl of the City's Mumcipal Code. Conditions: l. 2 :5 4 5 6 7 8 g GASE NO: sor 29➔ 1 2 3 4 5 6 7 8 9 1. Approval of SOP 90-4 is gr.mted subject ro approwl of cuP 90-2. WHEREAS, a verified application has been filed with the City of Carlsbad and refern,d to the P1anning Commission; and 2. Approval is gr.mted fur SOP 90-4, as shown on Ez!:ubit(s) "A" ·?'dated April 3, • ed by ref. md on file m the Planning Oepartment. 1991, u,cmpor.1t =•Dy shown m,Je:,s otherwise noted in tm:se DeYelopmml shalJ oeellr SU as conditions. 10 11 12 13 14 15 l.6 17 lS 19 20 21 WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the previsions of the Municipal Code, the Planning Commission did, on the 3rd day of April, 1991, and on the 17th day of April, 1991, consider said request on property described as: 10 ll 12 lZ 14 15 16 17 18 19 l!O 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regula:r meeting of die Planning Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, by the following vote, to wit: AYES: Vic:e-ChairpenonErwin, Commissioners: Schlehuber, Sclu-anun, McFadden, Mam,s & Hall. l<>t "H" of Rancho Agua Hedionda Map No. 823, City of Carlsbad, County of San Diego, State of California. NOES: None. WHEREAS, at said public hearing, upon hearing and considering all testimony and argwnents, if any, of all persons desiring to be heard, said Commmion considered all factors relating to SDP 90-4. ABSENT! ABSTAIN: Chaixpe,,on Holmes. None. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 22 of the City of Carlsbad as follows: 23 24 25 26 27 28 A) B) That the foregoing recitations are m.te and correct. 11:iat based on the evidence presented at the public hearing, the Commission hereby APPROVES SOP 90-4, based on the following findings and subject to the following conditions: • .. ATTEST: ' ~~~ MICHAELJ.HO MIU.ER PU\NNING DIRECTOR PC RESO NO. 3204 ' return with tne recommendation on the time limit for th~ CUP and to add a condition requiring the use of recycled w-ater to the car wash. oppo~tunity to Oe heard, add additi~~a~ conditio~s.to mitig~te the , significant adv€rse impacts. The aQd1t1onal conditions may include the prohib1tion or limitation of certain activi_ties on the praj@<?t WHEREAS, on July;,, 1991 the city Council of the City ot i Carlsbad held a duly noticed public hearing as pr@scrib@d Oy law to, consider said a.ppQal and at said he~ring after consideration of all ! the evidence, testimony, and argument of those p,,rsons present and 1. desiring to be heard the City council approved the eonditional Use Pennit 90-2 and directed the City Attornsy to prepare docu~ents which would partially grant the appeal and uphold the Planning commission's. decision, -. -. ' . . NOW, THEREFOR.:, BJ;; IT RJ;;SOLVEO by the City Council ot tne •·' • ,:_;:,.,_ . cl.,,--.:-. City of Carlsbad, California, as :follows: ·!:· · 1..;·:~. (1.:t-cl T•;• :·' ·'--, ,, "' ; '-~,~.~.-,.., t~:-· ,, · . , l_:. j!,_~a-~ the a.ba:ve recitations_ are true and cort""ec;:t.. ;:;:·"." .. --~~~.:"~'ai'"..;_~:.>~·~\::::-:..,_·:.~ -.-"'.'_" -:· ~..i-::•,.-, -:."~::. . 2 .. _:--:\That the t'indings ."and. c;:onditions ot the Planning ,, . ; ,·-r/ .. ~}9_~;;,.:-f',;f.•-=-·~:1 ~-• .. ,,,•1:'=-"')~'?f-t~~~ ;-,~-.. ·"~ ... Coruitfs'SiOi,. "in Rt:i"S0i\lti0n N'ci •. 3203, atf.achfid as· EXhibit A and made .. -. '( -• ' .' "".<. •·:,~ ---r.-~ \ ,·.~.?. :'~ -._, - a part hMreo:r; constitute tha finding3 and decision ot the city co~J'lcil except tor the a(:i"ditio~~].: .. -,:C'inding of ... Section 3, tha amen~ent of conditions No, 9 and ll and the addition ct condition No. 6S to read as follows: •9. This approval "hall ba null and void it building pen.its are~¢~ issued fer this project by August 6, 199~." "11. This Conditional Usa Ferm.it is granted for a period of ten (10) years commencing on Augus~ 6t 1991. This Conditional Use Permit shall be reviewed by the Planning Directo~ Qn a yearly basis to ae~ermine ir all conditions of this parmit hava be~n met and that the use does no~ have a significant ~et~i~~ntal impact on surrounding properties or the public health and welfare. If ~he Planning Director d1ttermine~ that the use: ha~ such significant adverse impacts, or that other f~ctors ralated to this conditional use have a de~ri=ental ~ffect on surrounding prop@rties or public hQalth, ~afQty or welta~e, the Pl~nning Director shall recommend, that the Planning Commission, af't.er providinq 't.he; perm.ittee 't.he : -2- 2 3 4 5 6 7 B 9 10 11 12 ·t This permit may be revoked at any tune at'ter a publ1c ~~a~ing if it is found that the use has~ significant detri~ental affect ;on surrounding lan~ uses and. the public ts healt.h ;;!.nd ~elfare, 0 ~ th& conditions imposed herein have.not been.met. This permit may be extended for a reasonable period of time n~t to e~ceed ten (10) years upon writt£n application of the permittee :made no less than 90 days prior to th~ e_xpiration .date. In granting such extension, the Planning Ccmnission shall find tha~ no substantial adverse affect on surrounding land uses ?r th~ public's health and welfare will result because of the continuatio~ of the permitted use. If a substantial adverse af~ect on surroundlng l~nd uses or t.he public• s health and wel:far~ is. found., t.he ex:~e17-s1on shall be considered as an original application for a Con?itional Use Pernit. There is·no li~it to th$ number of extensions the Planning commission may grant.11 "65. Frior to occ~pancy water recycling system to maximiz& the: re-use. of.· :w-ash -water." the applicant shall install a wat~r ~onservation and ensure ",,.3~ Except as modified above the applicant's appeal is 13 denied. He.did not present any evidence that his investment could 14 not reasonably,be·uorti•ed over.the.initial ten ot the permit • 15 Because of .the;dif~ic~~ty ot anticipating how t~e surrounaing area ·-~ . 16 will ultimately develop and the uncertainty over the effect ot the 17 planned Palomar Airport Road intersection improvements and the 18 19 20 21 22 23 24 25 26 I 271 28 I II II potential construction of tha Price Club, the City Council finds that it is necessary in order to insure, th"''· the pUblic heal th, safety an4 w•lfara a~e protected, that the initial term o:f this permit not extend beyond ten years. The applicant's request for 25 years is unreasonable, unsupportad by any ju~ti!icat1on and contrary to tha public interest. "NOTICE TO APPLICANT" 11Tha time within which judicial rsvisw of this decision must be sought is governed. by Code of Civil Procedure, Section 1094.6, which hos been made applicable in the City of -3- TOM ERWIN, Vice Oiairperson CARLSBAD PLANNING COMMISSION -2- 2 3 7 B 9• 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 I 27 I I 28 ii ii ii 11 carlsbad by Carlsbad Municipal Code chap~er 1;1tS. Any petiti,m or othf:!r paper _seeking jUdic:ial review must be filed in . the aPprcpriate court not later t~an th~ hine~~eth cay following the date on_whic~ t~is decision become final: however, it within ten days aft~~ the decision J:::iecomes final a requ@st for the record of the proceedings a.ccompan~e~ by the required deposit in an amount sufficient to covs~ the estimated. cost of prQparation Of such record the time within ~hich such p8tition may'be filed in court is exte~ded to not later than the thirtieth day following the date on which the record is either personally delivered or mail8d to t.he party, or. his attorney of record, it he has one. A written request for the preparation of the record ot the proceedings shall be filed with the City clerk City o:! Carlsbad, 1:aoo Elm Avenue, Carlsbad, California ,2ooa.• PASSED, APPROVED AND ADOPTED at a Regular Meeting ot the City council of the city ot Carlsbad on the 6<b 1991, by th$ follow~ng ,vot~,}=-o.:_~11;-: .:'..: ,. •· day ot' August AYJ;;S: Council Mt.mti•rs Lawtsj Kulchin, Larso~ and Stanton ,. ".1;1 _:.-;· •; .. ·.,'LJ.~1-i~, ;l,4";_;! ,·,:• :._,~ . , ,.. .-·• NOES: A'I'I'EST• Q O.:fi, AU:TAA L. .j (2 1 •O,, .. .( RAUTENl(RAl!Z, City OJ.erk -4- LONO~rA:J 1138rtnN ONIMVIIIO :>- ID z 0 (/) > w a:: 0 z = = © &,J ::, z &,J ~ ~ 0 z .,.;i I'.:,::! Q ~ ..., ~ I Ill 0 Ill -en DRAWING NUMBER FYJCOND1 SHEET NUMBER G.6 OF65 SCALE 1" -10' I I T ' 0 - 1----s -' -1 -NEW 2" W - I • 'r I "' N (f) ~ 0 a:: a. a. <( j- 11 ----, 4oow AREA LIG T It-t~,. 11 I 11 'r : I I I <O 4---___ _,3,_,4_• -....,o,_" ____ i ---+-'ls1-I ul l'---"a,_· -_,o"--·.>t.--'-7_' -_.o'-·-'lc 42•-o· -,- If- II w 11 b 0 ~I - ,---PROPOSED ALLEY___.; 40DW AREA LT I . 1 ( C.!. K ...... .....__ ---- C/0 -- LOW LEVEL AREA LIGHT - ,;--.J-----j 5 UNIT FREE- STANDING PRICE SIGN ~ 0.-:--12Jl8ll8l 10·-o· s·-o 10' X 18' R/R GS BUILDING SALESROOM .. PARKING SPACE t:-~'-__ 1'R --....... ......_1),'(; C. "-11/r --....,___ -- / 1 OM REGULAR'-J,JNLEADED ' BARRIE -FREE) • <O I Ill 10M SUPER UNLEADED+ ( 8 a "" ~ ® ) ( ~ONNECTION (TYPt:::', \ '---__ @@ 8 00 10M REGULAR UNLEADED \ 1.-_' 10M SPECIAL UNLEADED ( 8 B @$Jy_'i) ( @@ B 00 _ FILL (TYP) _/~ '---_ ) ) ,-PROPOSED ALLEY___.; • 0 I ':q- N 27'-0" (3) 9' X 20' PARKING SPACES 5' RAMP EXTENTION (2) 2· c.o. TO _/'f I b 0 ~ ... TELE P.O.C. I w ,________ I. ~--·~ ,F .... r CN z 16•-5• I I I 10 EXISTING 19' HR SIGN TO REMAIN I TELEPHONE I CABLE BOX 3' HIGH I I I I I I a·-2· I .f-r-"-:--"'-::---.ltt, 1 o· -6" . AVERAGE DAILY TRAFFIC GENERATION PUMPS/CONVENIENCE MART/ CARWASH FACIUlY ~ 2,080 DAILY lRIPS * SEE 'IP!AFF'IC STI..IDY Pf(&ARED BY B.D.I. rM f'Uftll-lER DATA INFORM A 110N LEGEND GROSS AREA OF PROPERTY: 28,936 SQ.FT. 0.66 ACRES LANDSCAPING AREA: 4,824 SQ.FT. (16.5%) BUILDING AREA: 1,596 SQ.FT CANOPY AREA: J,811 SQ.FT. STQRl,i;E/lRASH ENCL. AREA: 165 SQ.FT. TOTAL BLDG. AREA: 5,572 SQ.FT. SlRUCTURES: ; BUILDING CANOPY STORAGE/TRASH HEIGHT: TYPE: 12' 1 1/2" Il-N OCCUPANCY: 76' 9" II-N 7' O" ll-N B2 B1 B2 ZONING: PROPOSED: COMM./lRAVEL EXISTING: COMM./1RAVEL EMPLOYEES: 4 /24-HOUR PERIOD PARKING SPACES: PROVIDED: 8 SPACE:S REQUIRED: 6 SPACES WATER DISTRICT: C.t,.W.D. SEWER DISTRICT: CARLSBAD ASSE:SSORS PARCEL NO.: 211-05-002 STREET ADDRESS: 899 PALOMAR AIRPORT RD. CITY OF CARLSBAD, CALIF. 92009 CONSTRUCTION NOTES: [I] CONSTRUCT 7" A.G. OVER NATIVE PER SOILS REPORT. ~ CONSTRUCT s· P.C.C. SLAB WITH 6" x s· WIRE MESH L=:J OVER 4" SAND. m CONS1RUCT 6" P.C.C. VERTICAL CURB. r;-l4 CONSTRUCT SIDEWALK UNDERDRAIN PIPE PER CITY OF L.:!.J SAN DIEGO REGIONAL STANDARD DRAWING NO. D-25. , 11 I 8'-D 33'-o" 81 di ~I fs7 CONSTRUCT A DRAINAGE INLET WITH GRATE. SEE DETAIL ~ "B" ON SHEET NO. 6. i::r:I E-4 ~ 0 z H i::r:I 0 0 µ::l ~ 0... 'b e:,J I NOTE: • --I . "' co II ~ 11 11 I 11 11 N -r N zl I .. z 0 f- <( u 0 LL.I 0 0 w (J) 0 a.. 0 a::: n_ r-.. ~;:i1.x . 0 0 ~ - w • -N . .-• N z : j;:{;~i~:: :· .. :::-:. · ... '.' . ·.' .. , ,.__..,B:..:...C:::.:•:..:.R.'-+ ·-f:-:f:P.;:,:.$6 · .· ... · .. •. ' 1 0 I " ,.,., f-<( )-~-a. ~r 0 z w-<( a:: 0 u u,.,., z <( 0 w 0 !;i ,......-- / I \ \ b I ~ 14'-10" c:::, □ \ "--.. I ,......-- / \ I I \ \ ) \ / _....,.-" 32'-o" • 0 I co ,.,, 9 b I -- "--.. ,......--M ~ TYP) / \ \ I \ \ □ \ ) □ ) \ / / _....,.-" .t,!J,lfJ (TYP) 32'-0" 125'-8" AREA CANOPY & CONCRETE MAT <t. OF DRVEWAY ~ \ ...,. \~ I \ 9. / I \ \ 32'-0" "--.. I I \I I ~ a. i:=. c:::, I I \ I • ~ 0 I 0 I I 0 z □ <( // I ,.,., _J en I I PROPOSED 8' WIDE ESMT TO S.D.G. & E. • 0 I I I I I 24'-o" i30IR I I I I 6'-0' Jowl D- AREAIUGHT I 6'R -...::ci:L= ------ I I I I I I I I EX. 8' WIDE ESMT TO S.D.G. & E. PER FILE NO. 172695 (NO. 7 T.R.) ~ [z] [fil CONSTRUCT 4" SIDEWALK TO BACK-OF-WALK PER CITY OF SAN DIEGO REGIONAL STANDARD DRAWING NO. G-7. INSTALL REDUCED PRESSURE BACKFLOW DElnCE, RAINBIRD MODEL RPA-150-R 1 1/2", A MINIMUM OF 12" ABOVE ADJACENT GRADE. FOR FURTHER WATER SYSTEM IMPROVE- MENTS SEE IRRIGATION PLANS. CONSTRUCT 8" BLOCK WALL, 3'-0" HIGH WITH EXTIERIOR STUCCO FINISH TO MATCH BUILDING. SEE DETAIL "A" ON SHEET NO. 6. CONSTRUCT 6" P.C.C. VERTICAL CURB WITH 1'-s• WIDE GUTTER. INSTALL NEW 2• WATER LATERAL & METIER PER SAN DIEGO REGIONAL STANDARD DRAWING NO. W2 & W15. INSTALL 6" SEWER LATERAL PER SAN DIEGO REGIONAL STANDARD DRAWING NO. S-13. INSTALL SEWER MAIN CLEANOUT PER SAN DIEGO REGIONAL STANDARD DRAWING NO. S-3. CONSTRUCT 3'-0" WIDE P.C.C. "v" SWALE • REMOVE EXISTING WATER METER & BACKFLOW VALVE. QUANTITY ESTIMATE NOTE# UNIT QUANTITY 1 SF 13,249± 2 SF 213± 3 LF 751± 4 EA 2 5 EA 2 6 SF 1,531± 7 EA 1 8 LF 183± 9 LF 233± 10 LF 106± 11 LF 155± 12 EA 2 CAR WASH WATER SHALL BE RECLAIMED· PRIOR TO BEING DISCHARGED INTO CITY SEWER SYSTEM. ~ EX. TELE. N 87"48'39" E -BOX 3• HIGH ... J ... •.· •4ii¾8 ~¥'~=-==;:::::::::;===;:::::::::;7';;;;:::===ir=::~I~~==l;;========~...l......,,~--..... --4-------:-:1LO·w-+=LE=VE=L=.,->k!i====J=:::=E=X=. =,.~4====!==j:==~~r D SDG & E !Jijf(}i};> . til(!;,1];';, •· ;-1a·R ----( i \\ "" ""ff ii ~,:1~rTIO _J L JJ i \ ~~,:;;~' 'i'. 13 LF 68± - 't 8" C.M.U. WALL WITH EXTERIOR PLASTER ON BOTH SIDES 1/2" REVEAL APPR VED a:; u w .jl)'! " EXTERIOR PLASTER TO MATCH BUILDING ' 0 I ., THIS IS THE APPROVED ~ENTATIVE MAP/SITE PLAN PER CONDITION N!9? '2. OFPLANNING COMMISSION RESOLUTlf ~ NO. 3~031 . .:»! fl H-l:zn•?):'1, tfriA-i. , ~' ~ Z/!fi ENGINEERING OEPT. DATE I !~PT.~ (( -··------- @PERIMETER N~~L~L SECTION ~ 77'-o" z • 25'~0" 0 I ,.., Ill ~ en f-z st- I ,.,., co a· 34'-o" 34'-o" 8' '-"/0 PASEO DEL NORTE STREET SECTION '..::!!y NEW 36'-o" APPROACH '<.. 45'-o" If. NO SCALE 134• o· - 10'-4" 53'-o" 't. 65'-0" 5'-8" .. ,, UTLIMATE PALOMAR AIRPORT ROAD STREET SECTION ,,,.....---TRAFFIC MEDIAN ISLAND~ ·NOT FOR CONSTRUCTION·= ... -~M~-0-BI_L=_O_IL_C_OR_P_O_R_A_TI_O_N ____ __, _L_ --= = --f.'.~ = FOR INFORMATION ONLY SERVICE STATION PROJECT: 18-FYJ c. SITE ADDRESS: FOR CONSTRUCTION DRAWING 899 PALOMAR AIRPORT ROAD NO 8CALE IAS OF, JUN! 211. •Hal PREP AREO BY: PLOT, 1~10 KHR REF: F'IJS11>3.0WQ ...,... __ .....__....._ ll<IHl!Pt A~~lgig!A"ii~~ TRANSPORTATION/ENVIRONMENT.AL/VRBAN SYSTEMS 18500 Von l<OflTlan -Avenue., -Slllte ~o PALOMAR AIRPORT ROAD PLEASE REFER TO ORA WING CITY OF CARLSBAD, CALIFORNIA 92009 Irvine, CClllfornla 927'15 (714) 756-6440 \f £0!Sr A.:I U38"0N ONRWO . "' -11 ' ... w ~ (.) "' tt: ..; ~ ;.: m i <( "' 0 0 ~ :r: u >-OJ w f- <:( Cl :z 0 V) > L&J as; 0 z w " -~ wz . ::l "' ;e . 0 "' :ii~~; .L "' Sci:i..u..r;i □ J o::zwi!:gz C W<~ • ~ F -o.c:::~ Za:::l.a.lO ~ 200~ OF=Ll.~~ffi < ~~~!~i 0 :;:ca.. 14--<0 ~ IZ ~ I]_ ILi loi ~gw~t.:~ -eif.fJo r,,; ~...!w~wl= 0 (I') 0:: ffi "' ~::, l!.! cdi:i.0::b.lF~ ;.: =f g O (I/ U] a:: o-"'i§ Cl " ~ !,! ,-i!i 0 z a..~ ,Q:'. ;. 0 " w -< I= 0 i!i ,-t,: "" (.) ~C:::L&J,i:Z w O&m <~ ::c mo1--.a:;:o (.) ~fi~~~ DRAWING NUMBER . FYJSTD3A, SHEET NUMBER NUMBER FYJSTD3 CONDITIONAL USE PERMIT: 90-02 0212,1,2 SITE DEVELOPMENT PLAN: 90-04 UNDER '!HE SUP6Rlil !!!l'"--t---OF