HomeMy WebLinkAbout1995-04-19; Planning Commission; Resolution 3764"
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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.
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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:
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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
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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
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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
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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-
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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.
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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.
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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
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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
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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
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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
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project to the satisfaction of the Planning Director.
Planning Director. Enclosure shall be of similar colors andlor materials
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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€
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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.
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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.
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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
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