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HomeMy WebLinkAbout1996-12-18; Planning Commission; Resolution 40300 L 0 PLANNING COMMISSION RESOLUTION NO. 4030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO INCLUDE A&W AND PIZZA HUT AS VENDORS WITHIN AN EXISTING ARCO MM MINI-MARKET ON PROPERTY GENERALLY LOCATED AT 1991 PALOMAR AIRPORT ROAD, IN THE PM ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: ARCO AM/PM CASE NO.: CUP 9 1-03 (A) WHEREAS, Atlantic Richfield Company, “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Atlantic Ricl Company, “Owner”, described as Lot 17 of Carlsbad Tract No. 73-49, according to map thereof No. 8418, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, on November 19,1976 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditiona Permit Amendment as shown on Exhibits “A”-“C”, dated December 18, 1996, on file 1 Carlsbad Planning Department Conditional Use Permit Amendment CUP 91-03(A provided by the conditions of approval of CUP 91-03 and Chapter 21.42 of the Car Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of December hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testiI and arguments, if any, of all persons desiring to be heard, said Commission considered all fi relating to CUP 91-03(A). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1C 15 18 1s 2( 21 2: 2: 2L 2: 2( 2’ 21 WHEREAS, on November 20, 1991, the Planning Commission approved, CUP 91-03, as described and conditioned in Planning Commission Resolution No. 3311. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 9 That based on the evidence presented at the public hearing, the Commission APPROVES Conditional Use Permit Amendment, CUP 91-03(A), based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that it provides convenient food service to the users of the industrial zone and those traveling on the Palomar Airport Road corridor as well as ingress and egress to the site and provides additional parking onsite. That the site for the intended use is adequate in size and shape to accommodate the use, in that the additional vendors will occupy space within the existing building. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that they are not being changed from the original approvals which met all requirements. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing anticipated 2,920 ADT of the project is currently supported by the street system and in that modifications to the site’s ingress/egress will accommodate a smooth transition from the public street to the site. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(a) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. The Planning Commission finds that the project, as conditioned herein for CUP 91-03(A: is in conformance with the Elements of the City’s General Plan, based on the following: PC RESO NO. 4030 -2- 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 Land Use - The proposed use is allowed as a service provided to the users ( industrial park. 7. The project is consistent with the City-Wide Facilities and Improvements Pla~ applicable local facilities management plan, and all City public facility policie ordinances since: The project has been conditioned to ensure that building permits will not be issued f project unless the District Engineer determines that sewer service is availablc building cannot occur within the project unless sewer service remains available, a District Engineer is satisfied that the requirements of the Public Facilities Element General Plan have been met insofar as they apply to sewer service for this project. 8. That it is to be developed as part of a master-planned recreation area, industrial regional or community shopping center, in that it is allowed as a retail use limited sale of goods and services reasonably required for the convenience of occupants 7 the Specific Plan. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use E Amendment for the project entitled ARC0 AM/PM (Exhibits “A”-“C” dated Dece 18, 1996, on file in the Planning Department and incorporated by this reference, SI to the conditions herein set forth. Staff is authorized and directed to make, or rt Developer to make, all corrections and modifications to the Conditional Use E Amendment document(s), as necessary, to make them internally consistent a conformity with final action on the project. Development shall occur substantia shown in the approved Exhibits. Any proposed development substantially differenl this approval, shall require an amendment to this approval. All of the exhibits I prior approval Planning Commission Resolution No. 3311 are superseded b: exhibits dated December 18, 1996, but all conditions of Planning Comm Resolution No. 3311 shall remain in full force and effect except as modified herein. 2. The Developer is aware that the City is preparing a non-residential housing impal (linkage fee) consistent with Program 4.1 of the Housing Element. The applic; further aware that the City may determine that certain non-residential projects may to gay a linkage fee, in order to be found consistent with the Housing Element ( General Plan. If a linkage fee is established by City Council ordinance and/or reso: and this project becomes subject to a linkage fee pursuant to said ordinance 2 resolution, then the Developer, or hiskerltheir successor(s) in interest shall pa linkage fee. The linkage fee shall be paid at the time of issuance of building pe except for projects involving a request for a non-residential planned development 1 existing development, in which case, the fee shall be paid on approval of the final parcel map or certificate of compliance, required to process the non-residential whichever pertains. If linkage fees are required for this project, and they are not paic project will not be consistent with the General Plan and approval for this projec become null and void. PC RES0 NO. 4030 -3 - 0 0 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 3. Peak traffic hours shall be determined by the Planning Director and v( deliveries shall be established so as not to conflict with those peak traffic hours. Engineering: 4. Prior to the issuance of building permit, the applicant shall obtain a City rig way permit to remove the two existing driveway aprons on Camino Vida Rob1 replace them with alley-type driveways. The width of the northern driveway be a minimum of 36 feet with one 18 foot ingress and one 18 foot egress. The. of the southern driveway shall be a minimum of 25 feet with ingress and egress being 12.5 feet. Installation of both driveways shall include painted striping la1 the satisfaction of the City Engineer. 5. 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 1 implemented and maintained according to their terms, the City shall have the ri; revoke or modify all approvals herein granted; deny or further condition issuance future building permits; deny, revoke or further condition all certificates of occu issued under the authority of approvals herein granted; institute and prosecute litigat compel their compliance with said conditions or seek damages for their violation vested rights are gained by Developer or a successor in interest by the City's appro this Conditional Use Permit. Code Reminders: 6. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. ... ... ... ... ... ... ... ~ *.* ... PC RES0 NO. 4030 -4- 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1t 1; 11 l! 2( 2' 2: 2: 28 2 2 2 2 1 m n PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 18th day of December 1996 1 following vote, to wit: AYES: Chairperson Compas, Commissioners Nielsen and Welshons NOES: Commissioner Monroy ABSENT: Commissioners Heineman, Noble and Savary ABSTAIN: None I I d?L4LoyI/ !& WILLIAM COMPAS, Chairpersd CARLSBAD PLANNING COMMISSION I ATTEST: 1 1 j Planning Director ) 7 3 3 1 1 2 3 4 5 6 7 8 PC RES0 NO. 4030 -5-