HomeMy WebLinkAbout1988-04-06; Planning Commission; Resolution 2719I
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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
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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:
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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.
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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.
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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
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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
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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
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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.
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13. Compact parking spaces shall be located in large groups in locations to the satisfaction of the Planning
Director.
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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.
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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.
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PC RES0 NO. 2719 -5-
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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.
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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
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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.
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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.
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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:
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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.
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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
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area of fire hydrant.
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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:
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AYES : Chairperson McFadden, Commissioners: Hall, Marcus, ~
NOES : Commissioner McBane.
ABSENT: None.
ABSTAIN: None.
Schramm, Schlehuber and Holmes.
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12 CARLSBAD PLANNING COMMISSION
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ATTEST :
MICHAEL J. H~ZMIMER l6 PLANNING DIRECTOR
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