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HomeMy WebLinkAbout1992-07-01; Planning Commission; Resolution 33910 Q) 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 I I PLANNING COMMISSION RESOLUTION NO. 3391 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNLA, APPROVING A SITE DEVELOPMENT PLAN AMENDMENT TO ALLOW THREE RESTAURANTS ON PROPERTY' GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS NORTH OF PALOMAR AIRPORT ROAD. CASE NAME: PALOMAR PLACE CASE NO: SDP 83-11 (D) 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 1st day of July, 1992, consider said request on property described as: Parcels 1 & 2 of Map No. 1395.5, Parcels 1 & 2 of Map No. 13937, and Parcels 1, 2, 3, & 4 of Map No. 14014, in the City of Carlsbad, County of San Diego, State of California. 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 SDP 83-11 (D). 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 SDP 83-11(D), based on the following findings: Fhdinm: 1. That the requested use is properly related to the site, surroundings and environmental settings as evidenced by the adequate onsite circulation pattern and provision of required parking, is consistent with the various elements of the General Plan since adequate off-street parking and loading facilities are being provided, will not be detrknental to existing uses or to uses specifically permitted in the area in w 0 which the proposed use is to be located, and will not adversely impact the sit development will not produce increased onsite congestion; 1 surroundings or traffk circulation because the proposed site design and intensity 2 3 2. That the site for the intended use is adequate in size and shape to accommodate t: use as demonstrated by the provision of adequate onsite circulation, loadi 4 facilities, and parking supply; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. That all of the yards, setbacks, walls, fences, landscaping, and other featurl necessary to adjust the requested use to existing or permitted future uses in tl neighborhood be provided and maintained because the necessary landscapin screening and building setbacks are incorporated into the project design; 4. That the street system serving the proposed use is adequate to properly handle : traffic generated by the proposed use, because Avenida Encinas is designed as secondary arterial and the peak flows for the project will be staggered fra surrounding uses. Conditions: 1. Approval is granted for SDP 83-1 1 (D), as shown on Exhibits "A" - "L", date July 1, 1992, incorporated by reference and on file in the Planning Departmen Development shall occur substantially as shown unless otherwise noted in the! conditions. 2. The developer shall provide the City with a reproducible 24" x 36', mylar copy 4 the site plan as approved by the Planning Commission. The site plan shall refle the conditions of approval by the City. The site plan copy shall be submitted to tl City Engineer and approved prior to building, grading, final map, or improve me^ plan submittal, whichever occurs first. 3. This project is approved upon the express condition that building permits will nc: be issued for development of the subject property unless the City Engine€ determines that sewer facilities are available at the time of application for suc 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 tl- public facilities fee adopted by the City Council on July 28, 1987 and as amende from time to time, and any development fees established by the City Counc pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc adopted to implement a growth management system or facilities and improvemel plan and to fulfill the subdivider's agreement to pay the public facilities fee date December 10, 1991, a copy of which is on file with the City Clerk and j incorporated by this reference. If the fees are not paid this application will not b consistent with the General Plan and approval for this project will be void. 28 PC RES0 NO. 3391 -2- 0 e 1 2 3 4 5 6 7 8 9 2.0 11 12 13 14 15 I.6 ~ IN I 5. 6. 7. 8. 9. 10. 11. I I Water shall be provided to this project pursuant to the Water Service agreemen between the City of Carlsbad and the Carlsbad Municipal Water District, dated Mq 25, 1983. This project shall comply with all conditions and mitigation measures which mal be required as part of the Zone 3 Local Facilities Management Plan and an] amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or thc payment of any fees in lieu thereof, imposed by this approval or imposed by law 01 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. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 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. Approval of SDP 83-11 (D) is granted subject to the approval of CUP 92-1, PUD 92-4,-ad MS 92-4. 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. ALI I1 18 I 2. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and satisfaction of the Directors of Planning and Building. 19 streets, in substance as provided in Building Department Policy No. 80-6, to the 20 21 22 14. An exterior lighting plan including parking areas shall be submitted for Planning 23 Director approval. All lighting shall be designed to reflect downward and avoid any 24 25 15. 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 26 the Planning Director. 13. Compact parking spaces shall be located in large groups in locations to the satisfaction of the Planning Director. impacts on adjacent homes or property. 27 28 PC RES0 NO. 3391 -3- Ii I1 e 0 16. The applicant shall prepare a detailed landscape and irrigation plan which shall I 1 submitted to and approved by the Planning Director prior to the issuance of gradi~ or building permits, whichever occurs first. 2 3 17. All parking lot trees shall be a minimum of 15 gallons in size. 4 5 6 7 8 9 10 11 12 18. All landscaped areas shall be maintained in a healthy and thriving condition, frc from weeds, trash, and debris. 19. Existing onsite trees shall be retained wherever possible and shall be trimmc, and/or topped. Dead, decaying or potentially dangerous trees shall be approved fc removal at the discretion of the Planning Department during the review of a Mastc Plan submitted showing existing onsite trees. Those trees which are approved fc removal shall be replaced on a tree-for-tree basis as required by the Plannin Department. 20. Preliminary landscape plans shall be submitted. 21. All landscape plans shall be prepared to conform with the Landscape Manual anc submitted per the landscape plan check procedures on file in the Planninz Department. l3 14 22. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importancc promote water conservation. 15 or high use. Mulches shall be used and irrigation equipment and design shall 16 17 18 19 20 21 23. The developer shall avoid trees that have invasive root systems, produce excessive litter and/or are too large relative to the lot size. 24. Planter width shall be a minimum of four (4) feet, not including curb, footings and/or other paving, and parking overhang. 25. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. 22 23 26. All herbicides shall be applied by applicators licensed by the State of California. 24 27. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 25 26 27 28 28. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. 29. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. // PC RES0 NO. 3391 -4- I1 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 30. Mounding shall be used in parking lot landscaping or preliminary plans shall explai why mounding is not possible to the satisfaction of the Planning Director. 31. All parking lot trees shall be canopy trees. 32. The minimum shrub size shall be 5 gallons. 33. 30% of trees in industrial and commercial projects shall be 24" box or greater. 34. The signs shown on Exhibits "H" - "L", dated July 1, 1992 are expressly n~ approved. In addition, no freestanding signs are approved with this proposal. uniform sign program for this development shall. be submitted to the Plannir Director for his review and approval prior to occupancy of any building. 35. Building identification and/or addresses shall be placed on all new and erristir buildings so as to be plainly visible from the street or access road; color I identification and/or addresses shall contrast to their background color. 36. SDP 83-ll(D) is approved under the condition that the eastern elevations of : buildings will be screened from Interstate 5 freeway and off-ramp views to tl The screening for the Building I'B", the claim Jumper restaurant, shall consist specimen trees and shrubs. All planting shall be at a minimum of that shown ( Exhibits "E" - "G", dated July 1, 1992. sadsfacdon of the PIdg DLector &or to Lsuance of a CertXcate of Occupanc 37. SDP 83-11 (D) is approved under the condition that all approved landscaping shown on Exhibits "E" - "G", dated July 1, 1992, remain in its entirety. No chang to on site landscaping can occur without prior written approval of the Planni~ Director. 38. SDP 83-1 1 (D) is approved under the condition that the drive thru lane for Buildi "C", is the only drive thru facility on the site and no additional drive thru aisles a allowed within this Site Development Plan. 39. This project is approved upon the express condition that the parking supply for t requirements of number of off-street spaces required for the proportion of u parking space size, and the percent of compact spaces. No site development pl amendment shall be approved for Pad A unless conformance with Chapter 21.44 maintained." project meet all requirements of Chapter 21,44 including, but not limited to, t Ennineering - Conditions: 40. Unless a standards variance has been issued, no variance from City Standards authorized by virtue of approval of this site plan. PC RES0 NO. 3391 -5- 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 41. The applicant shall comply with all the rules, regulations and design requiren of the respective sewer and water agencies regarding services to the project. 42. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 43, Pretreatment of the sanitary sewer discharge from this project may be require( addition to the requirements for a sewer connection permit the applicant conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. applicant shall apply for an industrial waste water discharge permit concurr with the building permit for this project. 44. Based upon a review of the proposed grading and the grading quantities show the site plan, a grading permit for this project is required. Prior to parcel approval, the applicant must submit and receive approval for grading pla~ accordance with City Codes and standards. Prior to issuance of a building p' for the project, a grading permit shall be obtained and grading work be comp in substantial conformance with the approved grading plans. 45. No grading shall occur outside the limits of the project unless a grading or : easement is obtained from the owners of the affected properties, If the appl is unable to obtak the grading or slope easement, no grading pennit will be is: In that case the applicant must either amend the site development plan or ch the slope so grading will not occur outside the project site in a manner v substantially conforms to the approved site plan as determined by the City Eng and Planning Director. 46. Prior to hauling dirt or construction materials to or from any proposed constru site within this project, the applicant shall submit to and receive approval fro1 City Engineer for the proposed haul route. The applicant shall comply wi1 conditions and requirements the City Engineer may impose with regards tc hauling operation. 47. The developer shall exercise special care during the construction phase 01 project to prevent offsite siltation. Planting and erosion control shall be pro in accordance with the Carlsbad Municipal Code and the City Engineer, Refe Chapter 11 -06. 48. Additional drainage easements may be required. Drainage structures shz provided or installed prior to the issuance of grading or building permit as m required by the City Engineer. 49. The applicant shall comply with the requirements of the National Poll Discharge Elimination System (NPDES) permit. The applicant shall providt management practices to reduce surface pollutants to an acceptable level pr discharge to sensitive areas. Plans for such improvements shall be approved 1 City Engineer prior to approval of the parcel map, issuance of grading or bu permit, whichever occurs first. PC RES0 NO. 3391 -6- I1 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 50. The structural section for the access aisles must be designed with a traffic index 5.0 in accordance with City Standards due to truck access through the parking a] and/or aisles with an ADT greater than 500. The structural pavement design oft aisle ways shall be submitted together with required R-value soil test informati' and approved by the City as part of the building site plan review. 51, The proposed "Burger King" building on Parcel A of MS 92-04 is in conflict with a requires the removal and or relocation of an existing fire hydrant, portions of existing water main and the quitclaiming of portions of the existing public utiL easement to the satisfaction of the City Engineer and the Carkbad Municipal Wal District. This shall be all accomplished prior to the issuance of a building permit t Parcel A. Fire Conditions: 52. Prior to the issuance of building permits, complete building plans shall be approvc by the Fire Department. 53. Applicant shall submit a site plan to the Fire Department for approval, which depic location of required, proposed and existing public water maim and fire hydranl The plan should include off-site fire hydrants within 200 feet of the project- 54. An all weather, unobstructed access road suitable for emergency service vehiclf shall be provided and maintained during construction. When in the opinion of 13 Fire Chief, the access road has become unserviceable due to inclement weather ( other reasons, he may, in the interest of public safety, require that constructic operations cease until the condition is corrected. 55. All required fire hydrants, water mains and appurtenances shall be operation: before combustible building materials are located on the construction site. 56. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fi sprinkler systems, and other fire protection systems shall be submitted to the Fil Department for approval prior to construction. 57. An approved automatic sprinkler system shall be installed in buildings having a: aggregate floor area exceeding 10,000 square feet. Water Conditions: 58. The entire potable and non-potable water systedsystems for subject project shal be evaluated in detail to ensure that adequate capacity and pressure for domestic landscaping and fire flow demands are met. 59. The develope4s engheer shall schedule a meeting with the District Engineer and thc City Fire Marshal and review the preliminary water system layout prior tc preparation of the water system improvement plans. PC RES0 NO. 3391 -7- ll a 0 60. The developer will be responsible for all fees and deposits plus the major fat shall pay a San Diego County Water Authority capacity charge which wi 1 2 charge which will be collected at time of issuance of building permit. The devel collected at issuance of application for meter installation. 3 61. This project is approved upon the express condition that building permits wil the development determines that adequate water and service is available at the occupancy. 4 be issued for development of the subject property unless the water district se~ 5 of application for water service and will continue to be available until tin 6 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plar 8 following vote, to wit: 9 Commission of the City of Carlsbad, California, held on the 1st day of July, 1992, b 10 11 12 13 14 15 16 l? 18 AYES: Chairperson Erwin, Commissioners: Schlehuber, Sck Noble, Savary & Hall. NOES: None. ABSENT: Commissioner Welshons. ABSTAIN: None. TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 19 11 ATTEST: 20 21 22 fi 23 24 25 26 27 28 11 PC RES0 NO. 3391 I1 -8-