HomeMy WebLinkAbout1997-03-19; Planning Commission; Resolution 4063I.
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PLANNING COMMISSION RESOLUTION NO. 4063
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. CUP 96-07 TO ALLOW
FOR THE DRIVE-THRU COMPONENT OF A PROPOSED
RESTAURANTONPROPERTYGENERALLYLOCATEDON
THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, EAST OF
PASEO DEL NORTE IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: CARL’S .JR./GREEN BURRITO DRIVE-
CASE NO.: CUP 96-07
THRU RESTAURANT
WHEREAS, Carl Karcher Enterprises, “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by Jung Tom/The
Company, “Owner”, described as
Parcel 3 of Parcel Map No. 195 as recorded on January 30,
1970 in San Diego County, File No. 18100; and a portion of
Parcel 2 of Parcel Map No. 17542 as recorded on June 27,1995
in San Diego County, File No. 1995-0267703
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit as shown on Exhibits “A”-“L” dated February 19, 1997, on file in the Car
Planning Department, CUP 96-07, as provided by Chapters 21.42 and 21.50 of the Car
Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of February
the 5th day of March 1997, and the 19th day of March 1997, hold a duly noticed public he
as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi!
and arguments, if any, of all persons desiring to be heard, said Commission considered all fi
relating to CUP 96-07.
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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 Pla
Commission APPROVES Conditional Use Permit CUP 96-07 based c
following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General Pla~
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that the drive-thru component of the proposed (
Jr./Green Burrito restaurant provides the overall use with an elemel
convenience typically associated with such fast food establishments. The
tourist servindtravel oriented commercial designations are intendec
accommodate traveling and mobile persons who would access the site in per
vehicles and therefore would likely use the drive-thru component of a fast
restaurant.
2. That the site for the intended use is adequate in size and shape to accommodate the u
that the drive-thru lane, as shown on the project exhibits, can be accommoc
onsite while complying with the Engineering requirements for stacked a1
waiting vehicles. Up to 10 stacked vehicles can be accommodated with the pro]
design without impacting onsite circulation patterns or movements, or pa:
spaces.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess:
adjust the requested use to existing or permitted future uses in the neighborhood vi
provided and maintained, in that the drive-thru lane, as shown on project the ex&
is designed to be adequately screened from adjacent public views (Palomar Ai
Road) via a combination of a 42 inch high screen wall, a multi-layered concc
landscape screening and an on-going, permanent condition to monitor the adec
of the landscaping and screening effort to the satisfaction of the Planning Direcl
4. That the street system serving the proposed use is adequate to properly handle all I
generated by the proposed use, in that the proposed drive-thru lane will not impal
function of Palomar Airport Road, the site’s access to PAR, or internal vehicul
pedestrian circulation movements. The site currently has two access points to
associated with the current nursery use; this project will ultimately provide on1
PAR access (one will be eliminated). This will further assist PAR to functior
designated prime arterial in the City.
PC RES0 NO. 4063 -2-
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5. That the all findings as contained in Planning Commission Resolution No. 40(
SDP 96-05 pertain to this Conditional Use Permit request and are h
incorporated by reference.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Permit
96-07 for the project entitled Carl’s Jr./Green Burrito Drive-Thru Restal
(Exhibits “A”-L” dated February 19, 1997 on file in the Planning Departmen
incorporated by this reference), subject to the conditions herein set forth. St
authorized and directed to make, or require Developer to make, all correction:
modifications to the Conditional Use Permit document(s), as necessary, to make
internally consistent and in conformity with final action on the project. DeveloI
shall occur substantially as shown in the approved Exhibits. Any proposed develol
substantially different from this approval, shall require an amendment to this approv:
2. The Developer shall comply with all applicable provisions of federal, state and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy (
Site Plan as approved by the final decision making body. The Site Plan shall reflel
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
4. If any condition for construction of any public improvements or facilities, or the pay
of any fees in-lieu thereof, imposed by this approval or imposed by law on this resid<
housing project are challenged this approval shall be suspended as provide
Government Code Section 66020. If any such condition is determined to be invalic
approval shall be invalid unless the City Council determines that the project with01
condition complies with all requirements of law.
5. Approval of CUP 96-07 is granted subject to the approval of SDP 96-05/CDP 96-06
SDP 90-05(B). CUP 96-07 is subject to all conditions contained in Plan
Commission Resolution No. 4062 for SDP 96-05.
6. This Conditional Use Permit is granted for a period of 5 years, or until Februar
2002. This Conditional Use Permit shall be reviewed by the Planning Director
yearly basis to determine if all conditions of this permit have been met and that thc
does not have a substantial negative effect on surrounding properties or the public h
and welfare. If the Planning Director determines that the use has such subst;
negative effects, the Planning Director shall recommend that the Planning Commis
after providing the permittee the opportunity to be heard, add additional conditio1
reduce or eliminate the substantial negative effects. This permit may be revoked ai
time after a public hearing, if it is found that the use has a substantial detrimental e
on surrounding land uses and the public’s health and welfare, or the conditions imp
herein have not been met. This permit may be extended for a reasonable period of
I ’ PC RES0 NO. 4063 -3- I
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not to exceed 5 years upon written application of the permittee made no less than 9C
prior to the expiration date. The Planning Commission may not grant such exte~
unless it finds that there are no substantial negative effects on surrounding land u:
the public’s health and welfare. If a substantial negative effect on surrounding lanc
or the public’s health and welfare is found, the extension shall be denied or grantec
conditions which will eliminate or substantially reduce such effects. There is no li~
the number of extensions the Planning Commission may grant.
7. The Developer shall report, in writing, to the Planning Director within 30 day;
address change from that which is shown on the conditional use permit application.
8. Prior to the issuance of occupancy permits, a site inspection shall be made k
City’s Landscape Consultant and Planning Department. On-site landscapinl
screen walls shall be evaluated in this inspection to ensure that they comply
approved plans.
9. The project is subject to periodic inspections and annual reviews to deter
compliance with the Conditional Use Permit. All aspects of the project requirl
the project conditions of approval and shown on approved exhibits, shall rem;
compliance over the term of this Conditional Use Permit. The Planning Dir
reserves the right to refer any item which does not comply with this approval 1
Planning Commission for review and action.
10. All project landscaping shall be maintained in a healthy, thriving manner
adequate irrigation systems and site maintenance including, but not limited tc
bougainvillea vines on the Palomar Airport Road elevations of both screen wall
1 1. All parking areas, internal driving aisles and specifically the drive-thru lane sh
screened from Palomar Airport Road by a combination of on-site landscapinl
screen walls.
12. The project sign program shall be complied with. Banners, inflatable objects,
temporary signs, attention-getting devices, window signs, or signs attached to
poles shall be prohibited.
13. Delivery truck operations shall not interfere with the operation or adec
functioning of the drive-thru or any other aspect of on-site circulation.
14. All trash shall be screened and contained within an enclosure to the satisfactic
of the Planning Director.
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PC RES0 NO. 4063 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plsu
Commission of the City of Carlsbad, California, held on the 19th day of March 1997 b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Heineman, Compas, 1
and Savary
NOES: Commissioners Monroy and Welshons
ABSENT: None
ABSTAIN: None
i p&m " -
RdBERT NIEYSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
Planning Director
PC RES0 NO. 4063 -5-