Loading...
HomeMy WebLinkAbout1988-04-06; Planning Commission; Resolution 2719I I. 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 e e PLANNING COMMISSION RESOLUTION NO. 2719 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PARKING REDUCTION AND SALE OF ALCOHOLIC BEVERAGES AT A MIXED USE PROJECT TO CONSIST OF RESTAURANT, OFFICE, COFFEE SHOP, AND BANQUET FACILITIES ON PROPERTY GENERALLY LOCATED ON RAINTREE DRIVE, OFF OF AVENIDA ENCINAS, NORTH OF POINSETTIA LANE. APPLICANT: HERRICK HOLDINGS CASE NO: CUP 87-10 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 6th day of April, 1988, hold a duly noticed public hearing to consider said ' application on property described as: i ~ i Parcels 2 and 3 of Parcel Map 14028 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County on November 18, 1985. 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 87-10, 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 87-10, based on the following findings and subject to the following conditions: //// //// , li 0 0 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 Findinss : I 1. The requested CUP is 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 the C-2 zone. The proposed use is appropriate in this area of commercial, hotel, and motel uses. I 2. The 1.88 site is adequate in size and shape to accommodate the use, since adequate parking and landscaping can be provided onsite. 3. 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 in accordance with the zoning ordinance requirements. 4. The street system serving the proposed use is adequate to properly handle all traffic generated by the mixed use facility because the streets have been designed to handle the underlying commercial zoning uses. 5. The project, as conditioned, will comply with the development standards and intent of Specific Plan 186. 6. 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 City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. ~ a) All necessary public improvements have been provided or will be required as conditions of approval. b) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 7. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Travel Service, Commercial, Office development on the General Plan. //// I PC RES0 NO. 2719 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 27 28 0 0 8. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on January 15, 1988 and APPROVED by the Planning Commission on April 6, 1988. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 9. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 10. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. Conditions: 1. Approval is granted for CUP 87-10, as shown on Exhibits n1A81 through "FI', dated March 23, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 36", 100 scale 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 issuance of building permits or improvement plan submittal, whichever occurs first. 3. This project is approved upon the express condition that building permits 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 permits and will continue to be available until time of occupancy. 4. 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 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 PC RES0 NO. 2719 -3- 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 e 0 plan and to fulfill the subdivider's agreement to pay the public facilities fee dated March 10, 1988, and the agreement to pay the Growth Management Fee dated August 11, 1987, copies of which are on file with the City Clerk and are 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 shall be void. 5. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 6. 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. 7. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. 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. 9. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. 10. This conditional use permit is granted for a period of five 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 PC RES0 NO. 2719 -4- ~ I li 0 0 1 2 3 4 5 6 7 met. This permit may be extended for a reasonable period of time not to exceed five 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. I 8 9 10 11 11. 12 12- 13 14 Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. All roof appurtenances, including air conditioners, shall be 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 of the Directors of Planning and Building. 15 16 13. Compact parking spaces shall be located in large groups in locations to the satisfaction of the Planning Director. 17 18 19 ,I 11 14. 15. 20 21 22 23 24 25 16 . An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The parking configuration as shown, specifically in the northwest parking section, shall be redesigned to mitigate problems associated with the 12 foot westerly driveway. A camper/RV turn around area shall be provided without losing any parking spaces. The revised configuartion shall be subject to the approval of the Planning Director. If a parking district which includes the subject property is formed in the future, the applicant shall be required to participate in said district to the extent they are short of required parking. 26 27 17- 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. 28 PC RES0 NO. 2719 -5- a 0 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 18. 19. 20. a. b. C. d. 21. 22. 23. 24. 25. //// PC RES( The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. The proposed landscaping plan shall be revised as follows, to the satisfaction of the Planning Director: Perimeter Zone 2 planting along the 1-5 freeway frontage shall be heavily planted with fast-growing, drought tolerant species, to include trees (per Specific Plan): Perimeter Zone 2 along Avenida Encinas project frontage shall be planted with four groves of trees, 24-inch box size (per Specific Plan) ; The existing landscaped frontage of the Economy Inn shall be planted with an additional one hundred fifty (150), five-gallon shrubs, and twenty (20), 24-inch box trees, to improve the visual quality of that area, prior to issuance of a building permit for the proposed restaurant facility: and, The legend shall be revised to delete the Picnic Area information. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to occupancy of any building. All signs for this project shall be designed in conformance with Specific Plan 186. 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. All loading areas shall be oriented and/or screened so as not to be visible from the freeway or adjacent streets. 1 NO. 2719 -6- I \ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 e 0 26. The applicant shall obtain a Coastal Development Permit from the California Coastal Commission prior to issuance of grading or building permits, whichever occurs first. 27. The applicant shall obtain the appropriate license from the Alcohol and Beverage Control Board for the sale of alcoholic beverages in the dinner restaurant and banquet room. The coffee shop specifically is not included in the area where such beverages may be served. The licensee shall not permit open containers of alcoholic liquor to be taken from the premises. Any building codes applicable to the operation of the sale of alcoholic beverages shall be met prior to occupancy. No licensed liquor dispensing operation shall be located within five hundred feet of any other licensed liquor dispensing operation not meeting the definition of a bona fide eating establishment. 28. To achieve the intent of Specific Plan 186, the doors and windows of the building shall be inset a minimum of six inches and shall have rounded edges reflective of Mission style architecture. This shall be shown as a detail on the building plans. 29. The landscaped patio within the building shall not be used for cocktail service or dining unless additional parking is provided. 30. The office space shall not be subleased and is only for the use of the management of the onsite banquet facility and restaurant, and the adjacent motel: there shall be a restriction to this effect placed in the deed of this property to the satisfaction of the City Attorney. The office use shall not be allowed any signage. 31. A sidewalk shall be extended from the colonade northward to the driveway subject to approval of the Planning Director. Enqineerinq Conditions: 32. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. 33. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to the approval of the building permit for this pro j ect . 34. The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same PC RES0 NO. 2719 -7- II e 0 1 2 3 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. 411 35* The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 5 6 7 a 36. Prior to hauling dirt or construction materials to the proposed construction site within this project and prior to any proposed construction taking place within the public right-of-way, the developer shall apply for and obtain approval from the City Engineer for the proposed haul route and shall apply for and obtain a right-of-way permit from the City of Carlsbad. 9 10 11 37. 12 38- 13 The driveway approaches as shown on the site plan are specifically not approved. The project plans shall be revised to use standard driveway approaches in accordance with City standards. An erosion control plan shall be submitted for all slope areas, to be approved by the City Engineer, prior to issuance of a grading or building permit, whichever occurs first. l4 11 Fire Conditions: 15 16 17 18 19 20 39. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 40. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. 41. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane - Tow Away Zonef1 pursuant to Section 17.04.040, Carlsbad Municipal Code. 21 22 23 24 43* 25 26 42. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq. ft. (or less) areas. 44 . On the south side of the project, eliminate tree from 27 28 //// area of fire hydrant. PC RES0 NO. 2719 -8- .. 11 e 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of 2 11 the Planning Commission of the City of Carlsbad, California, 3 I/ held on the 6th day of April, 1988, by the following vote, to 411 wit: 5 6 7 8 9 AYES : Chairperson McFadden, Commissioners: Hall, Marcus, ~ NOES : Commissioner McBane. ABSENT: None. ABSTAIN: None. Schramm, Schlehuber and Holmes. 1 10 11 12 CARLSBAD PLANNING COMMISSION l3 15 14 ATTEST : MICHAEL J. H~ZMIMER l6 PLANNING DIRECTOR 17 18 19 20 21 22 23 24 25 !I 26 27 28 PC RES0 NO. 2719 -9-