HomeMy WebLinkAbout1990-03-07; Planning Commission; Resolution 2981.I t w w
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PLANNING COMMISSION RESOLUTION NO. 2981
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PERMIT A 4,761 SQUARE FOOT RESTAURANT WITHIN THE FLORAL TRADE CENTER ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF AVENIDA ENCINAS NORTH OF PALOMAR AIRPORT ROAD.
CASE NAME: FLORAL TRADE CENTER RESTAURANT
CASE NO: CUP 89-16
WHEREAS, a verified appl ication has been fi 1 ed with thc
Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request a
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Planning Commission did, on the 7th day of March, 1990, hold a du-
public hearing to consider said application on property described a
A portion of parcel 1 of parcel map no. 14009, in the
City of Carl sbad, 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 1, 1985.
WHEREAS, at said public hearing, upon hearing and consi
testimony and arguments, if any, of all persons desiring to be h
Commission considered all factors relating to CUP 89-16.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con
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 APPROVED CUP 89-16, based on the following findings and subj
following conditions:
Findinqs:
1. That the requested use is necessary or desirable for the dew the community, is essentially in harmony with the various e; objectives of the general plan, and is not detrimental to ex. or to uses specifically permitted in the zone in which the pl is to be located;
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2. That the site for the intended use is adequate in size and accommodate the use;
3. That all of the yards, setbacks, walls, fences, landscaping, features necessary to adjust the requested use to existing or future uses in the neighborhood will be provided and maintainec
4. That the street system serving the proposed use is adequate tc handle a1 1 traffic generated by the proposed use. (Ord. 9252 1970: Ord. 9060 51401).
5. The Planning Commission has, by inclusion of an appropriate co
unless the City Engineer determines that sewer service is avai building cannot occur within the project unless sewer servic available, and the Planning Commission is satisfied that the re of the Pub1 ic Faci 1 i ties Element of the General P1 an have been n as they apply to sewer service for this project.
this project, ensured building permits will not be issued for t
6. All necessary public improvements have been provided or will t as conditions of approval.
7. The appl icant has agreed and is required by the incl us appropriate condition to pay a public facilities fee. Performal contract and payment of the fee will enable this body to find 1 facilities will be available concurrent with need as requil General P1 an.
8. The proposed project is compatible with the surrounding futurt since surrounding properties are designated for Planned
development on the General P1 an.
9. This project will not cause any significant environmental imp Negative Declaration has been issued by the Planning Director 12, 1990, and approved by the Planning Commission on March 7, approving this Negative Declaration the Planning Commission has the initial study, the staff analysis, all required mitigatic and any written comments received regarding the significant el project could have on the environment.
10. The appl icant is by condition, required to pay any increase facility fee, or new construction tax, or development fees, and to abide by any additional requirements established by a Local Management Plan prepared pursuant to Chapter 21.90 of th Municipal Code. This will ensure continued availability facilities and will mitigate any cumulative impacts creai project.
11. This project is consistent with the City's Growth Management 0 it has been conditioned to comply with any requirement appro' of the Local Facilities Management Plan for Zone 3.
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141 'IF;
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Conditions
1. Approval is granted for CUP 89-16, as shown on Exhi bit(s) "A" - ' March 7 , 1990, incorporated by reference and on f i 1 e in the Department. Development shall occur substanti a1 ly as she\ otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x : copy of the site plan as approved by the Planning Commission. plan shall reflect the conditions of approval by the City. The copy shall be submitted to the City Engineer prior to bui ldi n! or improvement plan submittal, whichever occurs first.
3. This project is approved upon the express condition that buildi will not be issued for development of the subject property unles Engineer determines that sewer facilities are available at tt application for such sewer permits and will continue to be avail time of occupancy.
4. This project is also approved under the express condition applicant pay the public facilities fee adopted by the City ( July 28, 1987 and as amended from time to time, and any develo established by the City Council pursuant to Chapter 21.90 of th Municipal Code or other ordinance adopted to implement a growth system or facilities and improvement plan and to fulfill the su
copy of which is on file with the City Clerk and is incorporat reference. If the fees are not paid this application wi consistent with the General P1 an and approval for this projec void.
~ agreement to pay the pub1 ic facilities fee dated September 21
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5. Water shall be provided to this project pursuant to the Wat agreement between the City of Carl sbad and the Carlsbad Munic District, dated May 25, 1983.
6. This project shall comply with all conditions and mitigatio which may be required as part of the Zone 3 Local Faci 1 i ties Plan and any amendments made to that Plan prior to the i building permits.
7. If any condition for construction of any public improb facilities, or the payment of any fees in lieu thereof, impos approval or imposed by 1 aw on this project are challenged thi shall be suspended as provided in Government Code Section 65913 such condition is determined to be invalid this approval shall unless the City Council determines that the project without tht complies with all requirements of law.
8. Approval of this request shall not excuse compliance with all ! the Zoning Ordinance and all other applicable City ordinance: at time of building permit issuance.
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This approval shall become nul 1 and void if building permit issued for this project within one year from the date of project
This conditional use permit is granted for a period of 5 yea conditional use permit shall be reviewed by the Planning Dire yearly basis to determine if all conditions of this permit havc and that the use does not have a significant detrimental surrounding properties or the publ ic health and we1 fare. If th Director determines that the use has such significant adverse im Planning Director shall recommend that the Planning Commissi providing the permittee the opportunity to be heard, add conditions to mitigate the significant adverse impacts. This be revoked at any time after a public hearing, if it is found th has a significant detrimental affect on surrounding land USE public's health and welfare, or the conditions imposed hereir been met. This permit may be extended for a reasonable period c to exceed 10 years upon written application of the permittee ma than 90 days prior to the expiration date. In granting such the Planning Commission shall find that no substantial adverse surrounding land uses or the publ ic's health and welfare w'
because of the continuation of the permitted use. If a s adverse affect on surrounding land uses or the publ ic's health a is found, the extension shall be considered as an original appli a conditional use permit. There is no limit to the number of the Planning Commission may grant.
Prior to the issuance of the building permit there shall restriction placed on the deed to this property subjec satisfaction of the Planning Director notifying all interested F successors in interest that the City of Carlsbad has issued a C Use Permit to permit the restaurant by Resolution No. 2981 o property owned by the declarant. Said deed restriction shal property description, location of the file containing comple details and all conditions of approval as well as any conc restrictions specified for inclusion in the deed restriction. restriction(s) may be modified or terminated only with the apprc P1 anning Director, P1 anning Commission or City Council of tl Carlsbad whichever has final decision authority for this projc
Trash receptacle areas shall be enclosed by a six-foot high m; with gates pursuant to City standards. Location of said recept;
be approved by the P1 anning Director. Enclosure shall be colors and/or materials to the project to the satisfaction of tl Di rector.
No outdoor storage of material shall occur onsite unless requi Fire Chief. In such instance a storage plan will be sub approval by the Fire Chief and the Planning Director.
All landscaped areas shall be maintained in a healthy an condition, free from weeds, trash, and debris.
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15. Mature trees which are removed shall be replaced one to one wil
1 36" box specimen. Each case shall be reviewed by the Planning
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16. The restaurant shall only be open to provide food service bc hours of 6:OO a.m. and 3:OO p.m.
17. The only exterior signage permitted for the restaurant is c
identification sign on the fascia of the south building ele conformance with the approved uniform sign program (SI 89-76
Floral Trade Center and the City's Sign Ordinance.
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Window signs including neon signs, onsite freestanding signs, a signage advertising the restaurant shall not be permitted.
Any signs proposed for this development shall at a minimum be d conformance with the City's Sign Ordinance and shall require 1 approval of the Planning Director prior to installation of SUC
The patio area adjacent to the restaurant space to the ea approved for use as an outdoor eating area by this conditional u Use of this patio area as an outdoor eating area for the resta require an amendment to this Conditional Use Permit. Addition will be required for any restaurant outdoor eating area.
12 21. The existing exterior access door on the eastern building eleva
13 be used as an emergency exit only. This restriction is to ensur
the Floral Trade Center. 14
restaurant provides food service primarily for employees and cu
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22. No direct access to the restaurant from outside the buildin! permitted on the southern building elevation. The only dir approved for the restaurant on the south elevation is for the area which will utilize the existing doors. This restriction i: that the restaurant provides food service primarily for emp customers of the Floral Trade Center.
23. Prior to the issuance of any permits for this project, includir permits, the appl icant shall receive a Coastal Development P approves development that is in substantial conformance wi tl approval. A copy of the signed, approved Coastal Permit submitted to the Planning Department.
24. As part of the plans submitted for building permit plan applicant shall include a reduced version of the resol ution/resol utions on a 24" x 36" bl uel ine drawing. Sai
drawing(s) shall a1 so include a copy of any appl i cab1 e Coastal 1
Permit and signed approved site plan.
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Enqineerinq Conditions:
25. Pretreatment of the sanitary sewer discharge from this proj required. In addition to the requirements for a sewer connec' the developer shall conform to the requirements of Chapter 1: Carl sbad Municipal Code. The developer shall apply for an
project. No Certificates of Occupancy for the project wi 11 before the industri a1 waste discharge permit appl ication requir been met, a1 1 appl icabl e fees paid and the permit i ssued.
26. The developer shall comply with all the rules, regulations requirements of the respective sewer and water agencies regardi to the project.
waste discharge permit concurrently with the building permi
27. Prior to issuance of a building permit the developer shall pay sewer permit fees for any increase in demand caused by the pr
Fire Conditions
28. Prior to the issuance of building permits, complete building be submitted to and approved by the Fire Department.
29. All fire alarm systems, fire hydrants, extinguishing systems sprinklers, and other systems pertinent to the project shall b to the Fire Department for approval prior to construction.
Carlsbad Municipal Water District
30. The entire potable and non-potable water system/systems 1 project shall be evaluated in detail to ensure that adequate c pressure for domestic, landscaping and fire flow demands are
31. The developer's engineer shall schedule a meeting with tl Engineer and the City Fire Marshal and review the prel iminary \ layout prior to preparation of the water system improvement F
32. The developer will be responsible for a1 1 fees and deposits pl I facility charge which will be collected at time of issuance permi t.
Buildinq Department Conditions
33. A grease interceptor is required for the restaurant pursuant Department Policy Number 86-42. The grease interceptor shall the plans submitted for building permit and be installed p issuance of occupancy permits.
34. Health Department approval of the restaurant is required prior permit issuance.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the
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1990, by the following vote, to wit: 3
Commission of the City of Carlsbad, California, held on the 7th day
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AYES : Chairperson Schramm, Commissioners: Schlehubc Hal 1, McFadden, Holmes and Marcus.
NOES : None.
ABSENT : None.
ABSTAIN: None.
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11 ATTEST:
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,$ 6 SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
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14 /I PLANNING DIRECTOR
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