HomeMy WebLinkAbout1996-12-18; Planning Commission; Resolution 40300
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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).
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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:
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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-
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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.
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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.
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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
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ATTEST:
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j Planning Director
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