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HomeMy WebLinkAboutCUP 93-01Ax1; Prime Auto Center; Conditional Use Permit (CUP)e The City of Carlsbad Planning Departmen~ A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension ItemNo.@ P.C. AGENDA OF: November 5, 2003 Application complete date: August 7, 2003 Project Planner: Anne Hysong Project Engineer: Jeremy Riddle SUBJECT: CUP 93-0l(A)xl -PRIME AUTO CENTER -Request for an extension of CUP 93-01(A) to allow the continued operation of a drive-thru restaurant, car wash, and automobile service facility at 6021 Paseo del Norte in Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5480 APPROVING a ten year extension of CUP 93-01(A) based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed ten year extension of CUP 93-01(A) will allow the continued operation of a drive- thru restaurant (Taco Bell), car wash (Prime Auto), and automobile service facility (Quick Lube) at 6021 Paseo del Norte from November 5, 2003 through November 4, 2013. III. PROJECT DESCRIPTION AND BACKGROUND On November 17, 1993, the Planning Commission approved CUP 93-01 to allow a drive-thru restaurant, car wash and automobile service facility to be a part of a freeway service facility located at the southwest comer of Palomar Airport Road and Paseo del Norte adjacent to the 1-5 freeway. An amendment to the Conditional Use Permit (CUP 93-0l(A)) was approved on October 4, 1995 to revise the drive-thru restaurant design; however, the expiration date approved by the original CUP was not extended. Condition No. 10 of the approving CUP Resolution No. 3571 specifies that CUP 93-01 is granted for a period of 10 years but may be extended upon written application of the permittee (Prime Car Wash Investments, Inc.). The applicant is requesting a 10-year extension of CUP 93-01(A) to allow the drive-thru restaurant, car wash and automobile service facility to continue to operate at this site. IV. ANALYSIS A. The project continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; CUP 93-01(A)x1-PRIMI.UTO CENTER November 5, 2003 Page 2 2. Local Facilities Management Plan Zone 3; 3. Mello II Local Coastal Program segment; 4. Palomar Airport CLUP; and 5. Title 21 of the Carlsbad Municipal Code. B. The adopted project findings for CUP 93-01 and CUP 93-01(A), which are contained in Planning Commission Resolutions No. 3571 and 3823 still apply to this project (CUP 93-01(A)x1). C. The adopted project conditions for CUP 93-01(A), which are contained in Planning Commission Resolution No. 3823 still apply to this project (CUP 93-01(A)x1) with the exception of Conditions No.2 -4, 6, 8, 12, 16, 17, 19, 20, 22-26, 28, 33, 36, 39, 40, 42, 44 -53 of Resolution No. 3571 which have been satisfied, and Condition No. 10 of Resolution 3571 is replaced by Condition No. 4 in Planning Commission Resolution No. 5480 to extend CUP 93-01(A)x1 for 10 years from November 5, 2003 through November 4, 2013. D. No formal written complaints regarding CUP 93-01(A) have been submitted to the City. E. Annual reviews have been conducted for CUP 93-01(A) and the project is in compliance with all conditions of approval. F. The extended CUP is exempt from environmental review per Section 15301, Existing Facilities, of CEQ A. 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. 5480 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 3571, dated November 17, 1993 5. Planning Commission Resolution No. 3823, dated October 4, 1995. PALOMAR AIRPORT AD PRIME AUTO CENTER CUP 93-01 (A)x1 ------------------------------------ -1 (-~UUj I uc. U'1. vI ••• -· -- Carl~bad • . . -. artment DISCLOSURE ST. TEMENT 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 appomted Board, Commissum or Committee. The following information MUST be disclosed at the tim of application submittal. Your project cannot be reviewed until this infonnation is completed. Please pri t. Note: Person is defmed as ''Any individual, fum, co-panne~hip, 'oint ventUre, association, social club, fraternal organization, corporation, estare, trust, receiver, syndicate, in his and any other county, ciry and county; city municipality, district or other political subdivision or any other gr up or combination acting as a unit" Agents may sign this document: however, the legal name and en ·ry of the applicmt and property owner must be provided below. l. APPLICANT (Not the applicant's agent) Provide the COMPLETE. I .. EGAJ,. names and ad resses of ALI. persons having a financial interest in the application. If the applicant includ a comoratio.n or partner:;h_m, include the · names, title, addresses of all individuals ownin more than 10% of the shares. IF NO INDIVIDUALS OWN MORE TIIAN 10% OF TJ SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW lf a publicly-owned comoratioo. in~lude the names, titles, and addresses of the corporate offic s. (A separate page may be attached if necessary.) Person. ___________ _ Title ___________ _ Address __________ _ Title+-------------~ Addr ss!,Z2S: 41£~/1 £,g'(l6£ ;(/) # 2 )g s :1l. (!.4 q 2-J 1-/ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEQAL names and addres.es of ALL persons having any ownership interest in the property involved. Also, provide e nature of the legal ow.nership (i.e, partnership, tenants in common, non-profit, corporat on, etc.). If the ownership includes a comoration or partnership, include the names, title, a dresses of all individuals owning more than 10% of the shares. lF NO INDIVIDUALS OWN MORE TiiAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN E SPACE BELOW. If a publicly- owned corporation. include the names, titles, and addres es of the corporate officers. {A separate page may be attached if necessary.) Person~,() B A~ M Gcke-fi)Nrtf~orp!Pa ·----------- Title -r'f.u~ re-t:-Title_,__ ___________ _ Address I Ztf:5 dc:xf<y ~Pt. Address-1------------- Fu L l-E RTlJAJ-(l)j, f=-1 Cj,_:;..~ a J ---.--~- 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760 602-4600 • FAX (760) 6·02-8559 JUN-\1-2003 TUE 04:58 PM CARLC:liAD t.Nu I Nt.t.K ~~~\J , ...... -. . 3. NON-PROFIT ORG.JlATION OR TRUS • Ifany person identified pursuant to ( 1) or {2) abo e is a nonprofit organization or a trUst, list the names· and addresses of ~ person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the Non Profit/Trust '. JlVJ! N n Profit/Trust. _________ _ Title ~ ~(jJ Ti le Address :i\i?~ ~ A dress ___________ _ 4. Have you had more than $250 worth of busines transacted with any member of City staff, Boards, Commissions, Committees and/or C~unci1 ithin the past twelve (12) months? 0 Yes ~o If yes, please indicate perso (s): ____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and CQtrect to t e best of mx knowl~d_g I'lL ( IIR WAS/ f>aeclcvra. fck 6)~--tu Signature of owner/date '=> -~ 4-03 .BttB 8 ttBA Ecke-. w I N.'TE R..... Print or type name of owner Print < r type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H;AOMINICOUNTEA\OISCLOSURE STATEMENT 6(98 Page 2 of 2 ' 't ~ 2 3 4 5 6 7 8 I 9i 10 11 12 I 13 i 1 14' 15 16 17 18 19 20 21 22 • PLANNING COMMISSION RESOLUTION NO. 3571 A RESOLUTION OF THE PLANNING COMMISSION OF 1HE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT, CAR WASH AND AUTO MOBILE SERVICE FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PASEO DEL NORTE AND PALOMAR AIRPORT ROAD SOUTH OF THE EXISTING DEVELOPMENT. CASE NAME: PRIME AUTO CENTER CASE NO: CUP 93-01 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 17th day of November, 1993, hold a duly noticed public hearing to consider said application on property described as: Portion of Lot H, Rancho Agua Hedionda, Map 823. 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 93-01. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 23 A) That the foregoing recitations are true and correct. 24 B) 25 I I 26 I 27 28 That based on the evidence presented at the public hearing, the Commission APPROVE CUP 93-01, based on the following findings and subject to the following conditions: ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 221 23 24 25 26 27 28 • Findings: 1. 2. 3. 4. The existing automobile service station in the cr zone which do not provide services such as automobile lube and oil or full service car washes are complemented by the lube and oil facility and car wash uses; these uses are therefore consistent with allowing automobile service stations and car washes in conjunction with automobile service stations in the cr zone (Chapter 21.29.050). Fluorescent tube or neon lighting on the building exteriors which is not a part of an approved sign is an attention getting device prohibited by the Sign Ordinance (Chapter 21.41.050(2) of the Carlsbad Municipal Code). That the requested use is a necessary or desirable for the development of the community, b) is essentially in harmony with the various elements and objectives of the general plan, and c) is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; a). b). c). The requested uses are necessary and desirable for the development of the community at this location since restaurant and automobile related services are proposed as part of an existing freeway service facility providing necessary services to travelers and to employees of nearby industrial development; The project is in harmony with the various elements and objectives of the General Plan since the underlying Travel Service designation allows commercial service uses accessible to interregional traffic which will serve business and industrial areas as well as the traveling public. The proposed commercial service uses and the site's location at the intersection of Palomar Airport Road and Paseo del Norte adjacent to the I-5 freeway enables easy and direct access from I-5 and from industrial parks located along Palomar Airport Road; and The project is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed uses are to be located since the site has been designed to ensure proper functioning and the proposed architectural style is consistent and compatible with surrounding development. Potential noise and visual impacts to surrounding uses have been reduced to insignificant levels by project landscaping and a noise barrier around the Rally's outdoor eating area. That the site for the intended use is adequate in size and shape to accommodate the uses by ensuring a site design which provides through-circulation and avoids potential conflicts from waiting cars enabling the smooth flow of traffic through the site. Adequate parking is provided in close proximity to each use and PC RESO NO. 3571 -2- 1 2 31 4 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i ! 23 I i I 24 I 251 261 27 28 I 5. 6. 7. 8. 9. 10. perimeter and interior landscaping totaling 19% of the site is provided. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; Design features necessary to adjust the requested uses to existing and permitted uses in the neighborhood will be provided and include compatible architecture, perimeter and interior landscaping to screen and separate uses, parking and signage in accordance with the Parking and Sign Ordinances, adequate queuing areas for each use, and through-circulation allowing easy and direct access to interregional traffic. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The street system serving the proposed uses is adequate to properly handle the additional1,426 trips projected to result from this project with surrounding road segments and intersections continuing to operate at acceptable levels in accordance with Growth Management standards. The proposed addition of a 66 square foot Rally's sign to the existing freestanding pole sign will not exceed 25% of the replacement value of the existing pole signs. The Rally's sign will be affixed to an existing pole sign below the existing signs allowing for relatively easy removal. The Sign Ordinance permits a maximum of 250 square feet of freestanding (pole) signage on any lot which constitutes a freeway service facility and consists of two or more freeway serving uses. The existing freeway service facility consists of two freeway serving uses and the proposed addition of 66 square feet of Rally's signage to the existing 168 square feet for a total of 234 square feet of pole signage is consistent with code. Since signage must be visible from some distance to alert travelers of the need to exit the freeway or highway to access uses located within a freeway service facility, the intensification of the nonconforming freestanding pole sign located within an existing freeway service facility is necessary for the development of the freeway service facility and therefore the community, consistent with the Travel Service General Plan land use designation, and not detrimental to uses permitted in the Commercial Tourist Zone. PC RESO NO. 35 71 -3- ~ Conditions: 2 3 4 51 6 7 8 g! 10 11 12 ! 131 I 14 15! ! 16 I 17 i 1Bji ii 19JI 20 l ! 21! 22 23 24 251 26 27 28 1. 2. 3. 4. 5. 6. 7. Approval is granted for CUP 93-01, as shown on Exhibit(s) "A"-"L", dated November 17, 1993, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, 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 April 2, 1993, a copy of which is on file with the City Clerk 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 to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. PC RESO NO. 3571 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 9. Approval of CUP 93-01 is granted subject to the approval of SOP 93-01. 10. This conditional use permit is granted for a period of 10 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 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. 11. 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. 12. Prior to the issuance of the building permit there shall be a Notice of 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 Conditional Use Permit and Site Development Plan by Resolution Nos. 3570 and 3571 on the real property owned by the declarant. Said Notice of 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 inclusion in the Notice of Restriction. The restrictions referred to in said notice may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. PC RESO NO. 3571 -5- J. 2 3 4 5 6, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 13. 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. 14. 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. 15. 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. 16. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the approval of grading or building plans, whichever occurs first. 17. All parking lot trees shall be a minimum of 15 gallons in size. 18. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 19. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. 20. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. 21. The developer shall avoid trees that have invasive root systems, produce excessive litter and/ or are too large relative to the lot size. 22. Planter width shall be a minimum of four (4) feet, not including curb, footings and/ or other paving, and parking overhang. 23. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. 24. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 3571 -6- ~ 2 3 4 5 6 7 11 12 13j 141 1511 16 17 18 19 20 21 22 23 24 25i 26 27 28 25. The minimum shrub size shall be 5 gallons. 26. 30% of trees in industrial and commercial projects shall be 24" box or greater. 27. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 28. The applicant shall remove the wood posts located adjacent to the southern property lease line and the northern boundary of Hadley's parking lot. 29. Project lighting shall be directed downward to avoid light spillage onto adjacent properties. 30. Fluorescent tube lighting proposed as an architectural element on buildings in this development is strictly prohibited. 31. A uniform sign program for this development is included as part of this project. Prior to issuance of a sign permit for individual signs, the Planning Director shall determine that signage is compatible in color and material with signage existing within the freeway service facility which includes the Mobile Gas Station and Car Wash and Denny's Restaurant. 32. Offices within the car wash structure are restricted to onsite uses which may include car wash, car service facility, and fast food restaurant personnel only. 33. Prior to issuance of a grading or building permit, whichever occurs first, the applicant shall provide evidence of an approved Coastal Development Permit. 34. Prior to issuance of building permits, the applicant shall submit a color materials board for Planning Director approval. These shall be consistent with materials and colors proposed by the applicant during project review. 35. The pole signage shall be abated consistent with the requirements of any future ordinances implementing the LCP which set a time limit for conformance with the sign requirements of the LCP. 36. The red plastic canopies with neon lights as shown on Rally's architectural elevation, Exhibit ''F", shall be replaced with stucco coated canopies consistent with the building exterior and subject to the approval of the Planning Director. PC RESO NO. 3571 -7- .. Engineering Conditions: ~ 3 7. Unless a standards variance has been issued, no variance from City Standards is 2 authorized by virtue of approval of this site plan. 3 4 38. The applicant shall comply with all the rules, regulations and design requirements 5 6 7 81 9 10 11 12 13 14 15 16! 17 18 19 20 21 22 i 23tl 24 I 25 26 27 28 of the respective sewer and water agencies regarding services to the project. 39. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone, and Cable 1V authorities. 40. Prior to building permit issuance the applicant shall pay all current fees and deposits required. 41. Pretreatment of the sanitary 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 an industrial waste water discharge permit concurrently with the building permit for this project. 42. 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. 43. The applicant shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) 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. Water Conditions: 44. 45. The entire potable and non-potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity and pressure and flow demands are met. The developer shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. PC RESO NO. 3571 -8- ' . 1 2 3 4 5 6 7 46. Sequentially, the Developers Engineer shall do the following: 47. A. B. c. Meet with the City Fire Marshall and establish the fire protection requirements. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. -E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement plans. This project is approved upon the expressed condition that building permits will not be issued for development to the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the fmal map. 12 Fire Conditions: 13 I 48. 14 1 151 49. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional onsite public water mains and fire hydrants are required. 16i so. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. 17 18 19 51. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. 20 21 22 23 24 25 26 27 28 52. An all-weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When, in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. 53. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. PC RESO NO. 3571 -9- ... 54. Private roads and driveways which serve as required access for emergency service 1 vehicles shall be posted as fire lanes in accordance with the requirements of section 17.04.020 of the Carlsbad Municipal Code. 2 3 4 5 6· 7 8 9 10 11 12! I 131 14 151 161 17 18 19 20 21 23 24 25 26, 27 28 I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Noble, Commissioners: Schlehuber, Betz, Savary & Erwin. Commissioner Welshons. Commissioner Hall. ABSTAIN: None. ATTEST: ~ PLANNING DIRECTOR PC RESO NO. 3571 A:Wt~~--~~ BAILEY NOBLE, Chairperson ·· -~ · CARLSBAD PLANNING COMMISSION -10- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • PLANNING COMMISSION RESOLUTION NO. 3823 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDIDONAL USE PERMIT AMENDMENT FOR THE EXPANSION OF A DRIVE-THRU RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE. CASE NAME: PRIME AUTO CENTER DRIVE-THRU RESTAURANT EXPANSION CASE NO: CUP 93-0l(A) WHEREAS, Prime Car Wash Investments, Inc. 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 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 4th day of October, 1995, hold a duly noticed public hearing to consider said application on property described as: Portion of Lot H, Rancho Agua Hedionda, Map 823. 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 93-01 (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. B) That based on the evidence presented at the public hearing, the Commission APPROVES Conditional Use Permit, CUP 93-01(A), based on the following findings and subject to the following conditions: • • 1 Findings: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. The requested use is necessary or desirable for the development of the community since the expanded drive-thru restaurant, which is located near the 1-5 and Palomar Airport Road interchange within an existing travel service facility, will serve the traveling public as well as employees of the surrounding Industrial area. All findings of Planning Commission Resolution No. 3820 for SDP 93-01(A) are incorporated herein by reference. Conditions: 1. 2. Approval of CUP 93-01(A) is granted subject to the approval of SDP 93-01(A). Approval of CUP 93-01(A) is subject to all conditions contained in Resolution No. 3820 for SDP 93-01(A) and Resolutions 3570 and 3571 dated November 17, 1993 approving SDP 93-01 and CUP 93-01 except that Exhibits "A", "B", "F' and "G" referenced in Condition No. 1 of Resolution No. 3571 are superseded by Exhibits "A - E" dated October 4, 1995 as referenced in Condition No. 1 of Planning Commission Resolution No. 3820 dated October 4, 1995 for SDP 93-01(A). PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of October, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Com pas, Erwin, Nielsen, Noble and Savary. NOES: None ABSENT: Commissioner Monroy ABSTAIN: None A TrEST: ~Q~ Planning Director KIM WELSHONS, Chairperson CARLSBAD PlANNING COMMISSION PC RESO NO. 3823 -2-