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HomeMy WebLinkAbout1995-10-04; Planning Commission; Resolution 38204. 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 1 0 0 PLANNING COMMISSION RESOLUTION NO. 3820 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AMENDMENT NO. SDP 93-01(A) ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE. CASE NAME PRIME AUTO CENTER DRIVE-THRU RESTAURANT EXPANSION CASE NO: SDP 93-01(A) WHEREAS, Prime Car Wash Investments, Inc. ]has filed a verified ap] with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a site deve plan amendment as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the I Commission did, on the 4th day of October, 1995, consider said request on property d as: Portion of Lot H, Rancho Agua Hedionda, Map 823. WHEREAS, at said public hearing, upon hearing and considering all testin arguments, if any, of all persons desiring to be heard, said Commission considered a1 relating to SDP 93-01(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con 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 Con APPROVES SDP 93-01(A), based on the following findings and subje following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and envirc settings, is consistent with the various elements and objectives of the General F not be detrimental to existing uses or to uses specifically permitted in the area -3 d. 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 I e e the proposed use is to be located, and will not adversely impact the site, mom traffic circulation, in that the proposed restaurant is travel serving and will c portion of an existing freeway service facility located at the 1-5 and Palomar Road interchange; therefore, it is properly related to the site and surroundi project site and architectural design will not adversely impact the surroun& since the site has been designed to ensure proper functioning and the p architectural style is compatible with surrounding development. The project is consistent with the General Plan since the underlying Recreation designation allows commercial service uses accessible to inter traffk which will serve business and industrial areas as well as the travelin1 The proposed restaurant use at the intersection of Palomar Airport Road a] del Norte adjacent to the 1-5 freeway enables easy and direct access from from industrial parks located along Palomar Airport Road; and The project is not detrimental to existing uses or to uses specifically permittc zone in which the proposed use is to be located since restaurants are permii and the conditionally allowed drive-thru has been designed to ensure functioning and avoids traffic conflicts 2. The site for the intended use is adequate in size and shape to accommodate the 1 the restaurant expansion will enclose an area previously designed as a dr lane and outdoor eating area thereby ensuring minimal change to the appn design. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary the requested use to existing or permitted future uses in the neighborhood provided and maintained, in that the amended site design provides through ch and avoids potential conflicts from waiting cars thereby enabling the smo of traffic through the site. Adequate parking is provided in proximity to the perimeter and interior landscaping of the site is provided. 4. That the street systems serving the proposed use is adequate to properly handle : generated by the proposed use, in that the street system serving the prop which includes Palomar Airport Road and Paseo del Norte, is adequate to h: additional 650 trips resulting from the restaurant expansion. These ci~ arterial roadways will operate at acceptable levels in accordance with Management standards with the additional project trip generation. Conditions: 1. The Planning Commission does hereby approve the site development plan am for SDP 93-01(A) entitled “Prime Auto Center Drive-Thru Restaurant Ex] (Exhibits “A - E on file in the Planning Department and incorporated by this I dated October 4, 1995,) subject to the conditions herein set forth. Staff is autho directed to make or require the Developer to make all corrections and modific the approved Documents, as necessary to make them internally consistent and PC RES0 NO. 3820 -2- -a I. 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 e 0 2. 3. 4. 5. 6. 7. 8. 9. ' 10. to the Planning Commission's fmal action on the project. Development sh substantially as shown on the approved exhibits. Any proposed development subs different f'rom this approval, shall require an amendment to this approval. Approval of SDP 93-01(A) is granted subject to the approval of CUP 93-01(A 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 COI amended site plan as approved by the final decision making body. The site p reflect the conditions of approval by the City. The site plan copy shall be sub] the City Engineer and approved prior to building, grading, final map, or imp1 plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan reduced, legible version of the approving resolution/resolutions on a 24" x 36" drawing. Said blueline drawing(s) shall also include a copy of any applicable Development Permit and signed approved site plan. Approval of SDP 93-01(A) is subject to all conditions contained in Resolutions : 3571 dated November 17,1993 approving the Prime Auto Center except that "A, "B", "F", and "G" referenced in Condition No. 1 of Resolution No. 2 superseded by Exhibits "A - E' dated October 4,1995 as referenced in Con& 1 of this document. The awnings illustrated on the Exhibit "D" building elevations are attenti01 devices which are expressly prohibited signs in accordance with the Sign Or Chapter 21.41 of the Carlsbad Municipal Code. These awnings are exprc approved with this project. Prior to the issuance of building permits, these shall be eliminated from the building elevations. The existing street light conduit and service point extending from the s property line north to the existing utility vault shall be shown on the final s If any of the foregoing conditions fail to occur; or if they are, by their tern implemented and maintained over time; if any of such conditions fail t implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuar future building permits; deny, revoke or further condition all certificates of a issued under the authority of approvals herein granted; institute and prosecute to compel their compliance with said conditions or seek damages for their viola vested rights are gained by Developer or a successor in interest by the City's ap this Resolution. The applicant shall prepare an amended landscape and irrigation plan consis Exhibit "E" prior to the issuance of a building permit. 1) PC RES0 NO. 3820 -3- -1 I1 a 0 b. 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the E Commission of the City of Carlsbad, California, held on the 4th day of October, 1995 following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Erwin, Noble and Savary. NOES: None ABSENT: Commissioner Monroy ABSTAIN: None ATTEST: KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION MICHAEL J. MLZMKLER PLANNING DIRECTOR PC RES0 NO. 3820 -4-