HomeMy WebLinkAbout1987-05-20; Planning Commission; Resolution 2658/I
1
2
3
4
5
0 0
PLANNING COMMISSION RESOLUTION NO. 2658
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO OPERATE A FEDERAL
LOCATED ON THE SOUTHEAST CORNER OF FARADAY
AVENUE AND EL CAMINO REAL.
APPLICANT: FEDERAL EXPRESS
CASE NO: CUP-300
EXPRESS DRIVE-THRU KIOSK ON PROPERTY GENERALLY
6 II WHEREAS, a verified application has been filed with the
7//City of Carlsbad and referred to the Planning Commission; and
8
9
PO
11
12
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 20th day of May, 1987, hold a
duly noticed public hearing to consider said application on
l3l1property described as:
14
15
16
17
18
19
20
21
Parcel C of Parcel Map No. 1703, portion of Lot B of
Rancho Agua Hedionda, in the County of San Diego, State
of California, according to Map thereof No. 823.
WHEREAS, at said 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-300.
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.
22
23 Commission APPROVES CUP-300, based on the following findings
(6) That based on the evidence presented at the public hearing, the
and subject to the following conditions:
24ilFindings:
25
26 community, is essentially in harmony with the various
1. The requested use is desirable for the development of the
elements and objectives of the General Plan, and is not
27 /11/11
28
0 0
1
2
3
4
5
6
7
8
detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located, for
reasons stated in the staff report, dated May 20, 1987.
2. The site for the intended use is adequate in size and shape
to accommodate the use, for reasons stated in the staff
report.
3. All of the yards, setbacks, fences, landscaping and other
features necessary to adjust the requested use to existing or ,
permitted future uses in the neighborhood, will be provided
for reasons stated in the staff report. I
~ 4*
The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use,
for reasons stated in the staff report.
9 5. This project will not cause any significant environmental
10: impacts and is categorically exempt from CEQA.
llllConditions
12
13
14
15
16
17
la
19
20
21
22
23
24
25
26
27
28
I
1.
2.
3.
Approval is granted for CUP-300, as shown on Exhibits "A" -
clC1l, dated April 1, 1987, incorporated by reference and on
file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these
conditions.
The applicant shall prepare a 24" x 36" 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.
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 a grading permit, l or business license, whichever occurs first. All parking lot i trees shall be a minimum of 15 gallons in size. I
4. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
5. ' Signage on the kiosk shall be allowed as shown on Exhibit
"B", dated April 1 , 1987. No monument signs along El Camino
Real or Faraday Avenue shall be permitted.
6. This conditional use permit is granted for a period of three 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
PC RESO. NO. 2658 - 2-
0 e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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 three 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
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.
7. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 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.
8. All parking lot improvements, i.e. construction, landscaping,
re-striping shall be completed prior to issuance of a
business license.
l8 I 9. Approval of CUP-300 shall make invalid an approved but
unexpired CUP-241 .on the same property because implementation
of both CUP'S would be incompatible on this site. 19 I
20
IO. The developer shall obtain a grading permit prior to the 21
Engineering Conditions:
commencement of any clearing or grading of the site.
22//1 1. ' No grading shall occur outside the limits of the project I
23 /I unless a letter of permission is obtained from the owners of
the affected properties.
24
25
26
27
12. 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.
PC RESO. NO. 2658 28 - 3-
1
2
a
4
0 0
13. Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City
Engineer.
14. 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.
5 15. Due to the proximity of this project to the Daniels
6
7
Cablevision satellite receiver, no satellite transmitter,
receiver, or transceiver will be permitted on the site as part
of this permit. The satellite transmitter (advertising Zap
Mail) is specifically not approved and shall not be permitted
on the kiosk. Future installation of a satellite transceiver
will be contingent upon review of Cablevision and approval of
the Planning Director and the City Engineer.
a
9
10
11
12
13
14
15
16
17
18
1
1
1
19 I I
6.
7.
8.
Prior to issuance of the conditional use permit, the owner
shall execute an agreement and bond for the removal of the two
westernmost existing driveways and replacement of said
driveways with sidewalk, curb, and gutter. In other words, the site would be served by a single driveway at the eastern
portion of the property, and no other driveways would be allowed in the future. Prior to Federal Express obtaining a
business license, the owner shall complete the required
improvement. The site plan shall be revised to show the
parking spaces on the north side of the existing building to
be striped in the same direction.
A trash receptacle shall be provided onsite, to the
satisfaction of the City Engineer, and shall be installed as
part of the parking lot improvements.
Prior to the issuance of a building permit the applicant
shall provide clear site distance for vehicles entering and leaving the eastern driveway in accordance with the requirements of the City Engineer.
2oll,9. The applicant shall redesign the interior portion of the rear
21
22
23
parking lot to provide adequate turn around space for trucks utilizing the loading doors along the south face of the existing building. The parking lot design shall be completed
. to the satisfaction of the Planning Director and City Engineer
prior to issuance of a building permit.
24
25
I///
/I//
26 jJ////
27 lp PC RES0 NO. 2658 -4-
28
II
i.
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
le
19
,
I
I
1
1
I
~
I I
I
I
0 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 20th day of May, 1987, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners McBane, McFadden,
Hall, Holmes, Schlehuber & Schramm.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
49a-k '% &
MICHAEL 3. HOL2"ILL!33J
PLANNING DIRECTOR
20
21
22
23
24
25
26
27
28
PC RESO. NO. 2658 - 4-
\