HomeMy WebLinkAbout1993-03-03; Planning Commission; Resolution 3497r I/ 0 0
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PLANNING COMMISSION RESOLUTION NO. 3497
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CONSTRUCT A TEMPORARY FACILITY FOR RETAIL WINE
SALES/TASTING TO INCLUDE A GIFT SHOP ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL
NORTE, NORTH OF PALOMAR AIRPORT ROAD AND PEA
SOUP ANDERSEN'S.
CASE NAME: BELLEFLEUR WINE TASTING & GIFT SHOP
APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 92-08 TO
CASE NO: SDP 92-08
8 WHEREAS, a verified application has been filed with the City of Carlsbad anc
9 referred to the Planning Commission; and
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15 described as:
A portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad
16 County of San Diego, State of California, according to Map thereof No. 823
filed in the Office of the County Recorder of San Diego County, Novembel
WHEREAS, said verified application constitutes a request as provided by Titlt
21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planninr
Commission did, on the 3rd day of March, 1993, consider said request on propeq
17 16, 1892.
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WHEREAS, at said public hearing, upon hearing and considering all testimonl
and arguments, if any, of all persons desiring to be heard, said Commission considered al
factors relating to SDP 92-08.
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio~
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A) That the foregoing recitations are true and correct. 24
of the City of Carlsbad as follows:
B) That based on the evidence presented at the public hearing, the Comrnissio~
26 APPROVES SDP 92-08, based on the following findings and subject to the followin;
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conditions:
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FiIldh2-S:
1. That the requested use is properly related to the site, surroundings anc
environmental settings, is consistent with the various elements and objectives of tht
general plan, will not be detrimental to existing uses or to uses specificall]
permitted in the area in which the proposed use is to be located, and will no;
adversely impact the site, surroundings or traffic circulation
The proposed use complies with all development standards of the C-T zone, i
compatible with surround land uses, and is proposed for a previously graded sit1
containing no signilkant environmental resources as demonstrated in the initial
study for the project. The project is consistent with the various elements and
objectives of the gad plan as evidenced by compliance with Goal E of the Land
Use Element of supporting tourist trade. Adequate building separation is providec
from adjacent properties in addition to landscaping and fencing to ensure that nc
detrimental impacts will be created on adjacent properties. One access point ii
proposed to the site from an existing cul-de-sac, thereby avoiding creating a nm
vehicle access point on Paseo Del Norte.
2. That the site for the intended use is adequate in size and shape to accommodate tht
use.
The proposed structure covers less than 3 percent of the property. In addition, 6(
percent of the site will be landscaped. A total of 10 parking spaces are required an(
57 spaces are proposed onsite, demonstrating that the site is adequate in size and
shape to accommodate the use.
3. That all of the yards, setbacks, walls, fences, landscaping, and other feature
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained.
To provide an aesthetically pleasing site and provide perimeter screening a minim=
setback of 10 feet is provided around the entire site in addition to fencing, berm!
in certain areas, and landscaping.
4. That the street system serving the proposed use is adequate to properly handle al
trafiic generated by the proposed use.
The project site is located adjacent to Paseo Del Norte, a secondary arterial
improved to 4 lanes with cufb and gutter. The proposed use will generate 115
average daily vehicle trips which can be accommodated by the existing circulation
system.
5. The Planning Commission has, by inclusion of an appropriate condition to thi:
project, ensured building permits will not be issued for the project unless the Ciq
Engineer determines that sewer service is available, and building cannot occul
within the project unless sewer service remains available, and the Planning
PC RES0 NO. 3497 -2-
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Commission is satisfied that the requirements of the Public Facilities Element of thc
General Plan have been met insofar as they apply to sewer service for this project
6. School fees will be paid to ensure the availability of school facilities in the Carlsbac
Unified School District.
7. All necessary public improvements have been provided or will be required a!
conditions of approval.
8. The applicant has agreed and is required by the inclusion of an appropriatc
condition to pay a public facilities fee. Performance of that contract and paymen
of the fee will enable this body to find that public facilities will be availablc
concurrent with need as required by the General Plan.
9. The proposed project is compatible with the surrounding future land uses sincc
surrounding properties are designated for commercial or agricultural developmen
on the General Plan.
10. This project will not cause any significant environmental impacts and a Negativc
Declaration has been issued by the Planning Director on January 21, 1993 an(
approved by the Planning Commission on March 3, 1993. In approving thi
Negative Declaration the Planning Commission has considered the initial study, thc
staff analysis, all required mitigation measures and any written comments receivec
regarding the significant effects this project could have on the environment.
11. The applicant is by condition, required to pay any increase in public facility fee, o
new construction tax, or development fees, and has agreed to abide by an;
additional requirements established by a Local Facilities Management Plan preparec
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensurt
continued availability of public facilities and will mitigate any cumulative impact
created by the project.
12. This project is consistent with the City's Growth Management Ordinance as it ha
been conditioned to comply with any requirement approved as part of the Locz
Facilities Management Plan for Zone 3.
13. The project is consistent with the zoning for the site proposed by Zone Change 92
02 which is pending City council approval.
conditions:
Planning
1. Approval is granted for SDP 92-08, as shown on Exhibit(s) "A" - "E", dated Marc
3, 1993, incorporated by reference and on file in the Planning Departmen
Development shall occur substantially as shown unless otherwise noted in thes
conditions.
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2. The developer shall provide the City with a reproducible 24" x 36", mylar copy oj
the site plan as approved by the Planning Commission. The site plan shall reflecl
the conditions of approval by the City. The plan copy shall be submitted to the Ciq
Engineer and approved prior to building, grading, final map, or improvement plar
submittal, whichever occurs first.
3. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the City Enginee;
determines that sewer facilities are available at the time of application for sucl
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 thc
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 Counci
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinancc
adopted to implement a growth management system or facilities and improvemen
plan and to fulfill the subdividefs agreement to pay the public facilities fee date(
September 28, 1992, a copy of which is on file with the City Clerk and i
incorporated by this reference. If the fees are not paid this application will not bc
consistent with the General Plan and approval for this project will be void.
5. The applicant shall provide school fees to mitigate conditions of overcrowding a:
part of building permit application. These fees shall be based on the fee schedulc
in effect at the time of building permit application.
6. 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 Ma;
25, 1983.
7. This project shall comply with all conditions and mitigation measures which ma:
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.
8. The applicant is aware that the City is preparing a non-residential housing impac
fee (linkage fee) consistent with Program 4.1 of the Housing Flement. Th
applicant is further aware that the City may determine that certain non-resident+
projects may have to pay a linkage fee, in order to be found consistent with th
Housing Element of the General Plan. If a linkage fee is established by City Counk
ordinance and/or resolution and this project becomes subject to a linkage fe
pursuant to said resolution, then the applicant for this project, or his/her/thei
successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid 2
the time of issuance of building permits, except for projects involving a request fc
a non-residential planned unit development for an existing development, in whic
case, the fee shall be paid on approval of the final map, parcel map or certificate c
compliance, required to process the non-residential PUD, whichever pertains. I
linkage fees are required for this project, and they are not paid, this project will no. .."
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be consistent with the General Plan and approval for this project wiU become nul
and void.
9. 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 i~
Government Code Section 65913.5. If any such condition is determined to bc
invalid this approval shall be invalid unless the City Council determines that thc
project without the condition complies with all requirements of law.
10. Approval of this request shall not excuse compliance with all sections of the Zonin;
Ordinance and all other applicable City ordinances in effect at time of buildin;
permit issuance.
11. This approval shall become null and void if building permits are not issued for thi
project within one year from the date of project approval.
12. Approval of SDP 92-08 is granted subject to the approval of ZC 92-02. If the zon change is not approved, the approval of the site development plan will be null an
void.
13. This Site Development Plan is granted for a period of 5 years or until March 3
1998. This permit may be extended for a reasonable period of time not to excee
5 years upon written application of the permittee made no less than 90 days pria
to the expiration date and approval of an extension by the Planning commission
14. An exterior lighting plan including parking areas shall be submitted for Plannin
Director approval. All lighting shall be designed to reflect downward and avoid an
impacts on adjacent homes or property.
15. No outdoor storage of material shall occur onsite unless required by the Fire Chiel
In such instance a storage plan will be submitted for approval by the Fire Chief an
the Planning Director.
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16. The applicant shall prepare a detailed landscape and irrigation plan which shall b
submitted to and approved by the Planning Director prior to the issuance of gradin
or building permits, whichever occurs first.
17. All landscaped areas shall be maintained in a healthy and thriving condition, fie
from weeds, trash, and debris.
18. All landscape plans shall be prepared to conform with the Landscape Manual an
submitted per the landscape plan check procedures on file in the Plannin
Department.
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19. Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has beer
installed as shown on the approved landscape plans.
20. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
21. The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
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Any signs proposed for this development shall at a minimum be designed in
conformance with the City's Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
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.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
Prior to the issuance of building permits, the project applicant shall receive a
Coastal Development Permit from the California Coastal Commission that approves
development that is in substantial con€ormance with the City approval. Evidence
that the permit has been received shall be submitted to both the Planning and
Engineering Departments.
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26. Subject to the discretion of the Planning Director and city Attorneyy prior to the
issuance of building permits an avigation easement over this property shall be
offered for dedication to the County of San Diego in a mer meeting the approval
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27. The site development plan is approved for a temporary facility primarily for wine
sales and tasting and wiJl include a gift shop and picnic area. Any change in the
approved uses will require approval of an amendment to this site development plan
Engineering
28. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
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Telephone, and Cable TV authorities. 26
29. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
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30. Pretreatment of the sanitary sewer discharge from this project may be required. Ir
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. Thr
with the building permit for this project.
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applicant shall apply for an industrial waste water discharge permit concurrentl; 2
addition to the requirements for a sewer connection permit the applicant shal
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31. Prior to hauling dirt or construction materials to or from any proposed constructior
site within this project, the applicant shall submit to and receive approval from thc
City Engineer for the proposed haul route. The applicant shall comply with al
conditions and requirements the City Engineer may impose with regards to thc
hauling operation.
32. The applicant shall comply with the City's requirements of the National Pollutan
Discharge Elimination System (NPDES) permit. The applicant shall provide bes
management practices to reduce surface pollutants to an acceptable level prior tc
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to issuance of building permits.
11 33. Prior to issuance of building permits, the applicant shall obtain all easemene
necessary to provide access to the project as shown on the site plan. If suit
12 easements cannot be obtained, then all approvals for this project are null and void
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34. Prior to building permit issuance the developer shall agree to remove all structure
from the site upon termination of the permitted use. The developer shall posl
daent securities for the removal. The agreement and securities shall be to the
satisfaction of the City Attorney and City Finance Director. - Fire
35. Prior to the issuance of building permits, complete building plans shall be approved
by the Fire Department.
l8 1 36. Applicant shall submit a site plan depicting emergency access routes, driveways and
19 I traffic circulation for Fire Department approval.
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37. Provide direct access hm the street by means of a gate. Gate must provide a clear
a location that will permit ready access to the building for emergency personnel and
opening six feet in width and must be located North of the existing fire hydrant at
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23 Water
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38. The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
39. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit. The developer
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shall pay a San Diego County Water Authority capacity charge which will bt
collected at issuance of application for meter installation.
40. This project is approved upon the express condition that building permits will no
be issued for development of the subject property unless the water district servinj
the development determines that adequate water and service is available at the tim(
of application for water service and will continue to be available until time o
occupancy.
41. Sequentially, the Developer's Engineer shall do the following:
k Meet with the City Fire Marshal and establish the fire protectio~
requirements.
B. Prepare a colored reclaimed water use area map and submit to the Planniq
I Department for processing and approval.
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C. Schedule a meeting with the District Engineer for review, comment am
approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan fo
potable, reclaimed and sewer systems prior to the preparation a
improvement plans.
l3 /I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Phmin;
I* 11 Commission of the City of Carlsbad, California, held on the 3rd day of March, 1993, by the
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following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Schamm 17 Welshons, Savary & Hall.
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NOES: Commissioner Erwin.
ABSENT: None. 74
Pk BAILEY NOfiE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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26 MICHAEL J. HNZMIEER
27 11 PLANNING DIRECTOR
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