Loading...
HomeMy WebLinkAbout1995-04-19; Planning Commission; Resolution 3764" 4 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 0 9 PLANNING COMMISSION RESOLUTION NO. 3764 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR SUE DEVELOPMENT PLAN AMENDMENT ALLOWINGTHE CONSTRUCTION AND OPERATION OF A NEW 3,800 SQUARE FOOT RESTAURANT, A 700 SQUARE FOOT EXPANSION TO AN EXISTING RESTAURANT AND A 625 SQUARE FOOT REDUCTION EXISTING RESTAURANT, ALL ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, BETWEEN INTERSTATE 5 AND AVENIDA ENCINAS. CASE NAME PALOMAR PLACE CASE NO: SDP 83-ll(F') WHEREAS, a verified application has been filed with the City of C AND ADDITION OF DRIVE-THRU TO ANOTHER and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for Development Plan Amendment as provided by Section 21.06.020 of the Carlsbad M Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the 1 Commission did, on the 19th day of April, 1995, consider said request on property dc as: Parcels 1 and 2 of Map No. 13955, Parcels 1 and 2 of Map 13937, and Parcels 1,2,3, and 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 te; and arguments, if any, of all persons desiring to be heard, said Commission consid' factors relating to SDP 83-ll(F). NOW, THEREFORE, BE IT HEREBY RESOLVED by the E Commission of the City of Carlsbad as follows: i A) That the foregoing recitations are true and correct. I .... I ” ‘. 1 2 0 0 B) That based on the evidence presented at the public hearing, the Con APPROVES SDP 83-ll(F), based on the following findings and subje following conditions: a’. 3 I/ Findings: 4 5 6 7 8 9 10 11 12 ~ I I 1. That the requested use is properly related to the site, surroundil environmental settings as evidenced by the lack of off site improvements similarity of surrounding uses; is consistent with the various elements and 01 of the general plan because it is consistent with the Travel/Recreation Corn designation, provides a safe and adequate parking area and is consistent 1 Comprehensive Land Use Plan for McClellan-Palomar Airport; will detrimental to existing uses or to uses specifically permitted in the area in w proposed use is to be located since the proposed restaurant use is the ! similar to existing and future allowed uses;, and will not adversely impact surroundings or traffic circulation as evidenced by the parking lot’s complial all City Standards I I I 2. That the site for the intended use is adequate in size and shape to accommoc use as evidenced by the ability to tit all improvements required by 13 I1 ordinances, standards and policies within the existing site. 14 3. That all yards, setbacks, walls, fences, landscaping, and other features nece adjust the requested use to existing or permitted future uses in the neighborhl 15 be provided and maintained, as demonstrated by the proposed landscaping parking lot landscaping, building parapets, retaining wall landscaping, and hc 16 screening wall. 17 4. That the street systems serving the proposed use is adequate to properly ha 18 traffic generated by the proposed use because Avenida Encinas and Palomar Road are capable of handling the additional 2,688 average daily trips gener 19 5. The project has no new significant environmental effect not analyzed as sig 20 the project. in the prior Negative Declaration for SDP 83-ll(D), dated May 28,1992, and in the Planning Department. 21 22 23 24 25 26 27 28 6. The Project is consistent with the City-Wide Facilities and Improvements P’ applicable local facilities management plan, and all City public facility polic ordinances since: The Project has been conditioned to ensure that building permits will not be for the project unless the District Engineer determines that sewer service is av and building cannot occur within the Project unless sewer service remains av and the District Engineer is satisfied that the requirements of the Public Fi Element of the General Plan have been met insofar as they apply to sewer for this Project. PC RES0 NO. 3764 -2- -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0 0 AI1 necessary public improvements have been provided or are required as co of approval. Statutory School fees will be paid to ensure the availability of school facilitic Carlsbad School District. The developer has agreed and is required by the inclusion of an app condition to pay a public facilities fee. Performance of that contract and 1 of the fee will enable this body to find that public facilities will be a concurrent with need as required by the General Plan. 7. The Project has been conditioned to pay any increase in public facility fee, construction tax, or development fees, and has agreed to abide by any ad requirements established by a Local Facilities Management Plan prepared I to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure cc availability of public facilities and will mitigate any cumulative impacts create Project. Conditions: 1. The Planning commission does hereby approve the Site develop me^ Amendment for the Commercial Project entitled “Palomar Place”, dated A 1995, (Exhibits “A” - “N, dated April 19, 1995, incorporated by this refr subject to the conditions herein set forth. Staff is authorized and directed t or require the Developer to make all corrections and modifications to 1 Development Plan Amendment Documents, as necessary to make them in consistent and conform to Planning commission’s final action on the Development shall occur substantially as shown on the approved exhibit proposed development substantially different from this approval, shall req amendment to this approval. 19 2. 20 21 22 23 24 If any of the foregoing conditions fail to occur, or if they are, by their term implemented and maintained over time, if any of such conditions fail tc implemented and maintained according to their terms, the City shall have tl to revoke or modify all approvals herein granted, deny or further condition i of all future building permits, deny, revoke or further condition all certific occupancy issued under the authority of approvals herein granted, institl prosecute litigation to compel their compliance with said conditions or seek d for their violation. No vested rights are gained by Developer or a sum interest by the City’s approval of this Resolution. 25 26 27 28 3. The Developer shall comply with all applicable provisions of federal, state, a1 ordinances in effect at the time of building permit issuance. 4. The developer shall provide the City with a reproducible 24” x 36”, mylar cop Site Plan as approved by the Planning Commission. The Site Plan shall ref conditions of approval by the City. The plan shall be submitted to the City E PC RES0 NO. 3764 -3- *. 0 0 -. I1 1 2 3 4 5 6 7 8 9 10 11 12 13 and be approved prior to building, grading, final map, OT improveme submittal, whichever occurs first. 5. The Developer shall include, as part of the plans submitted for any pen check, a reduced, legible version of the approving resolution/resolutions OX 36 blueline drawing. Said blueline drawing@) shall also include a cop] applicable Coastal Development Permit and signed approved site plan. 6. Building permits will not be issued for development of the subject propee the District Engineer determines that sewer facilities are available at the application for such sewer permits and will continue to be available until occupancy. 7. The Developer shall pay the public facilities fee adopted by the City Council 28, 1987 (amended July 2, 1991) and as amended from time to time, i development fees established by the City Council pursuant to Chapter 21.9 Carlsbad Municipal Code or other ordinance adopted to implement a management system or Facilities and Improvement Plan and to fulfill the subc agreement to pay the public facilities fee dated October 19,1994, a copy of 1 on file with the City Clerk and is incorporated by this reference. If the fees paid this application will not be consistent with the General Plan and apprl this project will be void. 14 8. The Developer shall provide proof of payment of statutory school fees to 1 15 9. Approval of SDP 83-ll(F) is granted subject to the approval of CUP 94-09 l7 permit application. 16 of these fees shall be determined by the fee schedule in effect at the time of 1 conditions of overcrowding as part of the building permit application. The l8 (( 10. Approval of SDP 83-ll(F) is subject to approval by the California 1 19 20 21 Commission. Any revisions that may be required by the Coastal Commissic be reviewed and approved by the Planning Director and City Engineer I approval of any grading or building permits and may necessitate a amendment to this approval. 22 11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wil pursuant to City standards. Location of said receptacles shall be approvec 23 project to the satisfaction of the Planning Director. Planning Director. Enclosure shall be of similar colors andlor materials 24 25 26 the Planning Director. 27 13. The Developer shall prepare a detailed landscape and irrigation plan in confo 28 with the approved Preliminary Landscape Plan and the City's Landscape PI 12. No outdoor storage of material shall occur on-site unless required by the Fir( In such instance a storage plan will be submitted for approval by the Fire C€ PC RES0 NO. 3764 -4- .. !I 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 The plans shall be submitted to and approval obtained from the Planning I prior to the approval of the final map, grading permit, or building permit, wl occurs first. The Developer shall construct and install all landscaping as s€ the approved plans, and maintain all landscaping in a healthy and thriving cc free from weeds, trash, and debris, 14. The first submittal of detailed landscape and irrigation plans shall be accoI by the project's building, improvement, and grading plans. 15. Building identification and/or addresses shall be placed on all new and buildings so as to be plainly visible from the street or access road; E identification and/or addresses shall contrast to their background color. 16. Any signs proposed for this development shall at a minimum be desi; conformance with the City's Sign Ordinance and the approved sign progl Palomar Place, and shall require review and approval of the Planning Direct to installation of such signs. 17. The parking amounts provided through this development meet the mi required by code therefore no indoor expansions or outdoor dining areas allowed unless, through approval of a Site Development Plan Amendmt parking demand is reduced by an equal amount. All parking provided mu the requirements of Chapter 21.44 of the Carlsbad Municipal Code. TI Development Plan is granted subject to the requirement that the parking a( shall be reviewed by the Planning Director on a yearly basis, for a period years beginning at the issuance of a Certificate of Occupancy for the res building on Pad "A", to determine that the uses do not cause on-site or parking impacts and/or have a substantial negative effect on surrounding prc or the public health and welfare. If the Planning Director determines that has such on-site or off-site parking impacts and/or substantial negative effe Planning Director shall recommend that the Planning Commission, after pr the permittee the opportunity to be heard, add additional conditions to elimir on-site or off-site parking impacts and/or substantial negative effects. additional conditions may include, but not be limited to, creatio implementation of an on-site employee parking program or provision of employee parking, provided all parking areas meet the requirements of thc Parking Ordinance, Chapter 21.44 of the Carlsbad Municipal Code. Engineering: 18. Unless a standards variance has been issued, no variance from City Stand authorized by virtue of approval of this site plan. 19. The applicant comply with all rules, regulations, and design requirements respective sewer and water agencies regarding services to the project. I PC RES0 NO. 3764 -5- J. .. 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 0 20. The applicant shall be responsible for coordination with S.D.G.&E., Pacil Telephone, and Cable T.V. authorities. 21. Prior to grading or building permit issuance, the applicant shall gay all curre and deposits required. 22. Pretreatment of the sanitary sewer discharge from this project may be requil addition to the requirements for a sewer connection permit the applical conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Cod applicant shall apply for an industrial waste water discharge permit concurren the building permit for this project, 23. Prior to hauling dirt or construction materials to or from any proposed const site within this project, the applicant shall submit to and receive approval fi City Engineer for the proposed haul route. The applicant shall comply \ conditions and requirements the City Engineer may impose with regards hauling operation. 24. The developer shall exercise special care during the construction phase of this to prevent off-site siltation. Planting and erosion control shall be prow accordance with the Carlsbad Municipal Code and City Engineer. Re: Chapter 11.06. Standard Code Reminders: Note: The Project is subject to all applicable provisions of local ordi including but not limited to the following code requirements. 25. The Developer shall pay a landscape plan check and inspection fee as requ Section 20.08.050 of the Carlsbad Municipal Code. 26. This approval shall become null and void if building permits are not issued project within 18 months from the date of project approval. 27. Approval of this request shall not excuse compliance with all applicable sed the Zoning Ordinance and all other applicable City ordinances in effect at building permit issuance, except as otherwise specifically provide herein. 28. The project shall comply with the latest non-residential disabled access requir pursuant to Title 24 of the State Building Code. 29. All roof appurtenances, including air conditioners, shall be architecturally intc and concealed from view and the sound buffered from adjacent properti streets, in substance as provided in Building Department Policy No. 80-6, satisfaction of the Directors of Planning and Building. 30. Compact parking spaces shall be located in large groups, and in locations and marked to the satisfaction of the Planning Director. PC RES0 NO. 3764 -6- b- II a e ? 1. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. All landscape and irrigation plans shall be prepared to conform with the Lar Manual and submitted per the landscape plan check procedures on file Planning Department. 32. Prior to issuance of the building permit, complete building plans shall be a] by the Fire Department. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 19th day 0: 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Monroy, Nielsen, Noble and Savary. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST KIM WEfSHONS, Chairperson CARLSBAD PLANNING COMMISSIOI Planning Director PC RES0 NO. 3764 -7-