HomeMy WebLinkAbout1995-04-19; Planning Commission; Resolution 3765I1 B I)
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PLANNING COMMISSION RESOLUTION NO. 3765
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
SERVICE AT THE EXISTING MCDONALD’
RESTAURANT ON PROPERTY GENERALLY LOCATED
ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD
BETWEEN INTERSTATE 5 AND AVENIDA ENCINAS.
CASE NAME McDONALD’S DRIVE THRU
CASE NO: CUP 94-09
WHEREAS, a verified application has been filed with the City of Ca
CONSTRUCTION AND OPERATION OF A DRIVE-THRU
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Cond
Use Permit, as provided by Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plz
Commission did, on the 19th day of April, 1995, hold a duly noticed public hear
consider said application on property described as:
Parcels 1 and 2 of Map 13937, in the City of Carlsbad, County
of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testj
and arguments, if any, of all persons desiring to be heard, said Commission consider
factors relating to CUP 94-09.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
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 Comm
APPROVES CUP 94-09, based on the following findings and subject to the follc
conditions:
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1 Findings:
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1. That the requested use is necessary or desirable for the development
community as evidenced by the popularity of the existing restaurant corn
center and the convenience added by a drive-thru service; is essentially in h
with the various elements and objectives of the General Plan since it is co
with the Travel/Recreation Commercial designation, provides a safe and a
parking area and is consistent with the Comprehensive Land Use P
McClellan-Palomar Airport, and is not detrimental to existing uses or
specifically permitted in the zone in which the proposed use is to be located s
proposed restaurant and drive-thru uses are the same or similar to exist
future allowed uses.
2. That the site for the intended use is adequate in size and shape to accommoc
use, as demonstrated by the ability to fit all improvements required by
ordinances, standards and policies within the existing site.
3. That all of the yards, setbacks, walls, fences, landscaping, and other 1
necessary to adjust the requested use to existing or permitted future use!
neighborhood will be provided and maintained, as indicated by the p
landscaping buffers, parking lot landscaping, building parapets, retaini
landscaping, and headlight screening wall.
4. That the street system serving the proposed use is adequate to properly ha
traffic generated by the proposed use because Avenida Encinas and Palomar
Road are capable of handling the additional 2,688 average daily trips gene1
the project.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permii
Commercial Project entitled “McDonald’s Drive Thru”, dated April 1s
(Exhibits “A - ‘IN, dated April 19, 1995, incorporated by this reference), su
the conditions herein set forth. Staff is authorized and directed to make or
the Developer to make all corrections and modifications to the Conditio]
Permit Documents, as necessary to make them internally consistent and con
Planning Commission’ final action on the Project. Development shal
substantially as shown on the approved exhibits. Any proposed devel
substantially different from this approval, shall require an amendment
approval.
2. 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 t
to revoke or modify all approvals herein granted, deny or further condition i
of all future building permits, deny, revoke or further condition all certifi
occupancy issued under the authority of approvals herein granted, instit
PC RES0 NO. 3765 -2-
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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’ approval of this Resolution.
The Developer shall comply with all applicable provisions of federal, state, a]
ordinances in effect at the time of building permit issuance.
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
and be approved prior to building, grading, final map, or improveme1
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any perm
check, a reduced, legible version of the approving resolution/resolutions on
36” blueline drawing. Said blueline drawing(s) shall also include a copy
applicable Coastal Development Permit and signed approved site plan.
Building permits will not be issued for development of the subject grope*
the District Engineer determines that sewer facilities are available at the I
application for such sewer permits and will continue to be available until I
occupancy.
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, a:
development fees established by the City Council pursuant to Chapter 21.90
Carlsbad Municipal Code or other ordinance adopted to implement a
management system or Facilities and Improvement Plan and to fulfill the subd
agreement to pay the public facilities fee dated October 19, 1994, a copy of w
on file with the City Clerk and is incorporated by this reference. If the fees 5
paid this application will not be consistent with the General Plan and appro
this project will be void.
The Developer shall provide proof of payment of statutory school fees to m
conditions of overcrowding as part of the building permit application. The a
of these fees shall be determined by the fee schedule in effect at the time of bl
permit application.
Approval of CUP 94-09 is granted subject to the approval of SDP 83-11(F).
Approval of CUP 94-09 is subject to approval by the California Coastal Comm
Any revisions that may be required by the Coastal Commission must be re
and approved by the Planning Director and City Engineer prior to approval
grading or building permits and may necessitate a formal amendment ti
approval.
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PC RES0 NO. 3765 -3-
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the Planning Director. 5
12. No outdoor storage of material shall occur on-site unless required by the Fir 4
project to the satisfaction of the Planning Director. 3
11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi
2 pursuant to City standards. Location of said receptacles shall be approve(
Planning Director. Enclosure shall be of similar colors and/or material:
In such instance a storage plan will be submitted for approval by the Fire C
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13. The Developer shall prepare a detailed landscape and irrigation plan in confc
with the approved Preliminary Landscape Plan and the City’ Landscape Manu
plans shall be submitted to and approval obtained from the Planning Direct
to the approval of the final map, grading permit, or building permit, whicheve
first. The Developer shall construct and install all landscaping as shown
approved plans, and maintain all landscaping in a healthy and thriving conditi
from weeds, trash, and debris.
11 14. The first submittal of detailed landscape and irrigation plans shall be accon
by the project’ building, improvement, and grading plans. 12
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16. This Conditional Use Permit is granted for a period of five (5) years 15
identification and/or addresses shall contrast to their background color.
16 Conditional Use Permit shall be reviewed by the Planning Director on a yea1
to determine if all conditions of this permit have been met and that the use d
17 have a substantial negative affect on surrounding properties or the public he2
welfare. If the Planning Director determines that the use has such sub
18 negative effects, the Planning Director shall recommend that the P
Commission, after providing the permittee the opportunity to be heal 19 additional conditions to reduce or eliminate the substantial negative effect
20 permit may be revoked at any time after a public hearing, if it is found that
has a substantial detrimental affect on surrounding land uses and the public’!
be extended for a reasonable period of time not to exceed five (5) years upon
23 The Planning Commission may not grant such extension, unless it finds that tb
no substantial negative affects on surrounding land uses or the public’s hea
24 welfare. If a substantial negative affect on surrounding land uses or the 1
health and welfare is found, the extension shall be denied or granted with cor 25 which will eliminate or substantially reduce such effects. There is no limil
26 number of extensions the Planning Commission may grant.
27 17. The Developer shall report, in writing, to the Planning Director within 30 d;
address change from that which is shown on the conditional use permit appl 28
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; c
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application of the permittee made no less than 90 days prior to the expiratic 22
and welfare, or the conditions imposed herein have not been met. This pen
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18. Any signs proposed for this development shall at a minimum be desig
conformance with the City’s Sign Ordinance and the approved sign progr
Palomar Place, and shall require review and approval of the Planning Direct(
to installation of such signs.
19. The parking amounts provided through this development meet the mil
required by code therefore no indoor expansions or outdoor dining areas
allowed unless, through approval of a Site Development Plan Amendme1
parking demand is reduced by an equal amount. All parking provided mur
the requirements of Chapter 21.44 of the Carlsbad Municipal Code.
Engineering:
20. Unless a standards variance has been issued, no variance from City Stand;
authorized by virtue of approval of this site plan.
21. The applicant comply with all rules, regulations, and design requirements
respective sewer and water agencies regarding services to the project.
22. The applicant shall be responsible for coordination with S.D.G.&E., Pacifi
Telephone, and Cable T.V. authorities.
23. Prior to grading or building permit issuance, the applicant shall pay all curre1
and deposits required.
24. Prior to approval of the grading or building permit, the owner of the subject prl
shall execute an agreement to hold the City harmless regarding drainage acrc
adjacent property.
25. Prior to hauling dirt or construction materials to or from any proposed constn
site within this project, the applicant shall submit to and receive approval fro
City Engineer for the proposed haul route. The applicant shall comply wj
conditions and requirements the City Engineer may impose with regards 1
hauling operation.
26. The developer shall exercise special care during the construction phase of this p:
to prevent off-site siltation. Planting and erosion control shall be provid
accordance with the Carlsbad Municipal Code and City Engineer. Refe
Chapter 11.06.
27. Prior to building permit issuance, the Developer shall submit to and receive apg
from the City Engineer for a right-of-way permit for reconstruction of the dri
shall be issued. The reconstruction of the driveway shall provide two lanes, c
and one out, as shown on the site plan or as subsequently approved by the
Engineer. Prior to opening the drive-thru operation, the reconstruction shz
completed to the satisfaction of the City Engineer.
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28. Prior to issuance of a grading or building permit, the applicant shall
permission from the adjacent property owner for the construction
improvements needed for the drive thru that are located on the adjacent pr
including, but not limited to, those for entrance driveway configurations per E.
"A-N", dated April 19, 1995.
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6 by the Fire Department.
Fire Conditions:
29. Prior to issuance of the building permit, complete building plans shall be ap
7 11 Standard Code Reminders:
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Note: The Project is subject to all applicable provisions of local ordin
including but not limited to the following code requirements.
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30. The Developer shall pay a landscape plan check and inspection fee as requi
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31. This approval shall become null and void if building permits are not issued f. 12
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33. The project shall comply with the latest non-residential disabled access require 16
building permit issuance, except as otherwise specifically provide herein. 15
Section 20.08.050 of the Carlsbad Municipal Code.
project within 18 months from the date of project approval.
32. Approval of this request shall not excuse compliance with all applicable secti
the Zoning Ordinance and all other applicable City ordinances in effect at ti
pursuant to Title 24 of the State Building Code.
34. All roof appurtenances, including air conditioners, shall be architecturally intel
and concealed from view and the sound buffered from adjacent propertie
satisfaction of the Directors of Planning and Building. 19 streets, in substance as provided in Building Department Policy No. 80-6, 1
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22 36. All landscape and irrigation plans shall be prepared to conform with the Land
23 Manual and submitted per the landscape plan check procedures on file i:
35. Compact parking spaces shall be located in large groups, and in locations and c
marked to the satisfaction of the Planning Director.
24 ii Planning Department.
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 19th day c
1995, by the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Compas,
Monroy, Nielsen, Noble and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: None.
AmEST
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
Planning Director
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