HomeMy WebLinkAbout1991-06-05; Planning Commission; Resolution 3136I 4 0 0
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PLANNING COMMISSION RESOLUTION NO. 3136
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALJFORNLA, APPROVING A SITE DEVELOPMENT PLAN FOR
A 7.6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD
AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: SDP 91-6
6 II WHEREAS, a verified application has been filed with the City of Carlsbad and
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referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of
the Carlsbad Municipal Code; and
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on the 5th day of June, 1991, consider said request on property described
as:
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Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of San
Diego County, September 25, 1985 as file/page no. 85-355261 of official
records.
17 WHEREAS, at said public hearing, upon hearing and considering all testimony and
18 arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to SDP 91-6. 19
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A) That the foregoing recitations are true and correct. 23
City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing, the Commission 24
APPROVES SDP 91-6, based on the following findings and subject to the
following conditions:
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
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1. The site is physically suitable for the type of development. 2
Findings:
3 2. The project is consistent with all City public facility policies and ordinances since:
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a. School fees will be paid to ensure the availability of school facilities in the
San Dieguito High School and Encinitas Unified School Districts.
b. Park-in-lieu fees are required as a condition of approval.
c. All necessary public improvements have been provided or will be required as
conditions of approval.
d. 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.
3. This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on September 5, 1990, and
approved by the Planning Commission on June 5,1991. 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.
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4. 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
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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
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5. 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 11.
6. The project provides an increase in the quality upgrade of open space
which is contiguous to Open Space shown on the Open Space network map
dated August 9,1989.
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7. The project will not preclude any future opportunities for trails linking larger Open
Space as part of a Citywide trails program.
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Conditions:
1. All conditions of Planning Commission Resolution Nos. 3135, 3137 and 3138 are
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2 applicable to this approval and incorporated herein through this reference.
3 /I 2. Approval of SDP 91-6 is granted subject to the approval of CT 91-6, PUD 91-3, and
4 CUP 91-4.
5 3. This approval shall become null and void if fjnal map is not recorded within 24
granted from the date of final map recordation (Cr 91-6) for building permit 6 months from the date of Approval. An additional maximum 24 months shall be
7 issuance, not to exceed a total of 48 months from the date of project approval.
8 Special conditions:
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4. Restaurant uses shall be restricted to no more than 15% of the total building area
onsite. A note declaring this shall be included on the site plan and a continuous
tabulation of restaurant square footage used and available shall be submitted to the
Planning Department with each request for a business license and/or tenant
improvement for a restaurant.
5. Building "A" shall be limited to Financial Institution use only. A note declaring this
shall be included on the site plan. Changes to any other professional use shall be
subject to the review and approval of the Planning Director.
6, Any subsequent changes to these use restrictions will require review and approval
of the Planning Commission.
7. A notice of special conditions 4,s and 6 to the satisfaction of the Planning Director
and city Attorney shall be recorded with the deed informing future and existing
property owners of the use restrictions on Tienda de La Esquina.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the
following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
Savary, Erwin, Noble & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
OBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1 PLANNING DIRECTOR
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PC RES0 NO. 3136 -4-