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HomeMy WebLinkAbout1996-04-17; Planning Commission; Resolution 3918* t. 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 e PLANNING COMMISSION RESOLUTION NO. 3918 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE- THROUGH FACILITY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF HAYMAR DRIVE. CASE NAME: KOOTER’S BARBECUE CASE NO: CUP 95-10 WHEREAS, Fancher Development Services (Developer) has filed a application with the City of Carlsbad which has been referred to the Planning Corn and WHEREAS, said verified application constitutes a request for a Con Use Permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the I Commission did, on the 17th day of April, 1996, hold a duly noticed public he, consider said application on property described as: Parcels 1 and 3 of Parcel Map No. 4838, being a portion of Lots 4 and 5 of Fractional Section 32, Township 11 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, recorded June 18,1976. 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 CUP 95-10. NOW, THEREFORE, BE IT HEREBY RESOLVED by the F 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 Com APPROVES the Conditional Use Permit, CUP 95-10, based on the fa findings: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 27 22 23 24 25 26 27 28 0 0 Findings: 1. The Planning Commission finds that the project, as conditioned herein for ( 10, is in conformance with the Elements of the City’s General Plan, basec following: a. Land Use - The proposed use will enhance the economic viabiliq community by contributing to the tax base. b. Circulation - The public street system serving the use is adequate tc all traffic expected to be generated by the use, and the use will not internal circulation on the site. 2. 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: a. The project has been conditioned to ensure that building permits wil: issued for the project unless the District Engineer determines tha service is available, and building cannot occur within the project unles service remains available, and the District Engineer is satisfied t requirements of the Public Facilities Element of the General Plan ha7 met insofar as they apply to sewer service for this project. b. All necessary public improvements have been provided or are requ conditions of approval. c. The developer has agreed and is required by the inclusion of an appr condition to pay a public facilities fee. Performance of that contrr payment of the fee will enable this body to find that public facilities available concurrent with need as required by the General Plan, 3. 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 adc requirements established by a Local Facilities Management Plan prepared PI to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure cor availability of public facilities and will mitigate any cumulative impacts createc project. 4. This project has been conditioned to comply with any requirement approved of the Local Facilities Management Plan for Zone 2. 5. The requested use is necessary or desirable for the development of the com~ is essentially in harmony with the various elements and objectives of the gener; and is not detrimental to existing uses or to uses specifically permitted in th in which the proposed use is to be located because the drive-through facility co with the Engineering Department policy requiring a reduced minimum q distance for a low volume drive-through facility and will not block required p spaces or circulation aisles belonging to all occupants of the center in comn .... PC RES0 NO. 3918 -2- 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 0 e 6. The site for the intended use is adequate in size and shape to accommodate because the site with the existing building can accommodate the propose( through lane without violating the City's Engineering policy requiring the PI of a reduced queuing distance for a low volume drive-through facility and a parking spaces and traffic aisles. 7. All of the yards, setbacks, walls, fences, landscaping, and other features nece adjust the requested use to existing or permitted future uses in the neighborhc be provided and maintained because no new walls, fences, setbacks, landscal other features are required. 8. The street system serving the proposed use is adequate to properly handle a1 generated by the proposed use because the surrounding streets were desi accommodate the traffic generated by the shopping center when at full OCCI 9. The Planning Commission has reviewed each of the exactions imposed Developer contained in this resolution, and hereby finds, in this case, t exactions are imposed to mitigate impacts caused by or reasonably relatec project, and the extent and the degree of the exaction is in rough proportior the impact caused by the project. Planning Conditions: 1. The Planning Commission does hereby approve the Conditional Use Permit drive-through facility project entitled "Kooter's Barbecue". (Exhibits "A" - "C' in the Planning Department and incorporated by this reference, dated A1 1996), subject to the conditions herein set forth. Staff is authorized and dire make or require the Developer to make all corrections and modifications Conditional Use Permit Documents, as necessary to make them internally COI and conform to Planning Commission's final action on the project. Develc shall occur substantially as shown on the approved exhibits. Any pr development substantially different from this approval, shall require an amel to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, an ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24" x 36", mylar cop^ Site Plan as approved by the final decision making body. The Site Plan shall the conditions of approval by the City. The Plan copy shall be submitted to t: Engineer and approved prior to building, grading, final map, or improveme: submittal, whichever occurs first. 4. The Developer shall include, as part of the plans submitted for any perm check, a reduced, legible version of the approving resolution on a 24" x 36" b drawing. Said blueline drawing(s) shall also include a copy of any applicable ( Development Permit and signed approved site plan. 5. Building permits will not be issued for development of the subject property the District Engineer determines that sewer facilities are available at the t application for such sewer permits and will continue to be available until t occupancy. I .... 1 PC RES0 NO. 3918 -3- I I 0 e 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 6. 7. 8. 9. 10. 11. I ~ 12. ~ The Developer shall pay the public facilities fee adopted by thG City CQU~C~~ 28, 1987 (amended July 2, 1991) and as amended from time to time, : 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 July 3, 1995, a copy of whil 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 appr this project will be void. This project shall comply with all conditions and mitigation measures wl required as part of the Zone 2 Local Facilities Management Plan a amendments made to that Plan prior to the issuance of building permit! project is required to pay applicable traffic impact fees. This Conditional Use Permit is granted for a period of five (5) years until A 2001. This Conditional Use Permit shall be reviewed by the Planning Dire a yearly basis to determine if all conditions of this permit have been met and 1 use does not have a substantial negative effect on surrounding properties public health and welfare. If the Planning Director determines that the use h substantial negative effects, the Planning Director shall recommend that the P Commission, after providing the permittee the opportunity to be hear additional conditions to reduce or eliminate the substantial negative effect permit may be revoked at any time after a public hearing, if it is found that has a substantial detrimental effect on surrounding land uses and the public’: and welfare, or the conditions imposed herein have not been met. This penJ be extended for a reasonable period of time not to exceed five (5) years upon application of the permittee made no less than 90 days prior to the expiratio The Planning Commission may not grant such extension, unless it finds that th no substantial negative effects on surrounding land uses or the public’s hea welfare. If a substantial negative effect on surrounding land uses or the 1 health and welfare is found, the extension shall be denied or granted with con which will eliminate or substantially reduce such effects. There is no limit number of extensions the Planning Commission may grant. The Developer shall report, in writing, to the Planning Director within 30 da address change from that which is shown on the conditional use permit appll Trash receptacle areas shall be enclosed by a six-foot high masonry wall wit1 pursuant to City standards. Location of said receptacles shall be approved Planning Director. Enclosure shall be of similar colors and/or materials project to the satisfaction of the Planning Director. No outdoor storage of material shall occur onsite unless required by the Fire In such instance a storage plan will be submitted for approval by the Fire Ch the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in confor with the approved Preliminary Landscape Plan and the City’s Landscape M The plans shall be submitted to and approval obtained from the Planning D prior to approval of the grading plan or building permit, whichever comes firs Developer shall construct and install all landscaping as shown on the approved and maintain all landscaping in a healthy and thriving condition, free from trash, and debris. ll PC RES0 NO. 3918 -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 0 0 13. The first submittal of detailed landscape and irrigation plans shall be accon by the project's building, improvement, and grading plans. Eagineering Conditions: 14. The drive-through facility is specifically approved for a low volume use, anci the main sit-down restaurant. The developer shall install a 6" wide painte stripe across the drive-through lane to indicate the location of the end of the ( line and post a sign at this same location informing patrons to park and wf the restaurant if vehicles que beyond the white stripe. 15. The developer shall pay all current fees and deposits required. 16. Prior to hauling dirt or construction materials to or from any proposed cons1 site within this project, the developer shall submit to and receive approval f~ City Engineer for the proposed haul route. The developer shall comply 7 conditions and requirements the City Engineer may impose with regards hauling operation. Water Conditions: 17. The entire potable water system, reclaimed water system and sewer system s evaluated in detail to insure that adequate capacity, pressure, and flow demal be met. 18. The Developer shall be responsible for all fees, deposits and charges which collected before and/or at the time of issuance of the building permit. T Diego County Water Authority capacity charge will be collected at issu; application for meter installation. 19. Sequentially, the Developer's Engineer shall do the following; a. Meet with the City Fire Marshal and establish the fire pro requirements. Also obtain G.P.M. demand for domestic and irrig needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the PI Department for processing and approval. c. Prior to the preparation of sewer, water and reclaimed water impror plans, a meeting must be scheduled with the District Engineer for : comment and approval of the preliminary system layouts and usagt GPM-EDU). 20. This project is approved upon the expressed condition that building permits 7 be issued for development of the subject property unless the water district serv development determines that adequate water service and sewer facilities are av at the time of application for such water service and sewer permits will contj be available until time of occupancy. 21. If any of the foregoing conditions fail to occur; or if they are, by their terms implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have th to revoke or modify all approvals herein granted; deny or further condition is PC RES0 NO. 3918 -5 - 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 I 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 succt interest by the City’s approval of this resolution. Code Reminders: The project is subject to all applicable provisions of local ordinances, including limited to the following code requirements. 22. The Developer shall pay a landscape plan check and inspection fee as reql Section 20.08.050 of the Carlsbad Municipal Code. 23. This approval shall become null and void if building permits are not issued project within two (2) years from the date of project approval. 24. Approval of this request shall not excuse compliance with all applicable secl the Zoning Ordinance and all other applicable City ordinances in effect at building permit issuance, except as otherwise specifically provided herein. 25. The project shall comply with the latest non-residential disabled access requirl pursuant to Title 24 of the State Building Code. 26. All roof appurtenances, including air conditioners, shall be architecturally intt 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. 27. Compact parking spaces shall be located in large groups, and in locations marked to the satisfaction of the Planning Director. 28. All landscape and irrigation plans shall be prepared to conform with the Lanl Manual and submitted per the landscape plan check procedures on file Planning Department. 29. Any signs proposed for this development shall at a minimum be desig conformance with the City’s Sign Ordinance and shall require review and ay of the Planning Director prior to installation of such signs. 30. The developer shall exercise special care during the construction phase of this I to prevent offsite siltation. Planting and erosion control shall be provic accordance with the Carlsbad Municipal Code and the City Engineer. .... ~ .... ~ .... PC RES0 NO. 3918 -6- 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 0 0 ~ PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 17th day c 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Erwin, Monroy, NOES: None ABSENT: None ABSTAIN: None Noble, Savary and Welshons d&& WILLIAM COMPAS, Chdrperson CARLSBAD PLANNING COMMISSION ATTEST: 0- MICHAEL J. mLZmLER Planning Director PC RES0 NO. 3918 -7-