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Home My WebLink About1997-12-03; Planning Commission; Resolution 4209L 0 0 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PLANNING COMMISSION RESOLUTION NO. 4209 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW 24 ADDITIONAL TABLES WITH CHAIRS AT THE EXISTING FOOD COURT AT THE COSTCO WAREHOUSE ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, BETWEEN ARMADA DRIVE AND PASEO DEL NORTE IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: COSTCO OUTDOOR SEATING CASE NO.: CUP 90-03(B) WHEREAS, Costco Wholesale, Inc., “Developer”, has filed a application with the City of Carlsbad regarding property owned by Costco Wholesz “Owner”, described as Parcel 2 of Parcel Map 17542, file din the Office of the County Recorder on June 27,1995, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditic Permit Amendment as shown on Exhibits “A” - “B”, dated December 3, 1997, on fi Carlsbad Planning Department Conditional Use Permit Amendment (CUP 90-02 ~ provided by the conditions of approval of CUP 90-03 and CUP 90-03(A) and Chapter the Carlsbad Municipal Code; and 22 I/ WHEREAS, the Planning Commission did, on the 3rd day of Decembc 23 25 WHEREAS, at said public hearing, upon hearing and considering all tc 24 hold a duly noticed public hearing as prescribed by law to consider said request; and and arguments, if any, of all persons desiring to be heard, said Commission considered a: 26 27 relating to CUP 90-03(B). 28 c7 \ II 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 WHEREAS, on May 21, 1991, the City Council approved CUP 9 described and conditioned in Planning Commission Resolution No. 3210. WHEREAS, on October 21,1997, the City Council approved CUP 904 described and conditioned in Planning Commission Resolution No. 4144. WHEREAS, the City Council adopted Urgency Ordinance NS-424 on 15, 1997, which requires all pending and future commercial projects within the area co Urgency Ordinance NS-424 and subject to Planning Commission review shall be ret undergo City Council review and approval regardless of current zoning ordinance re; regarding review and approval of land use entitlements. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1 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 Con RECOMMENDS APPROVAL of the Conditional Use Permit Amendm 90-03@), based on the following findings and subject to the following COI Findings: 1. That the requested use is necessary or desirable for the development of the corn essentially in harmony with the various elements and objectives of the General P is not detrimental to existing uses specifically permitted in the zone in wl proposed use is located, in that the provision of outdoor eating areas provide; service for workers in the industrial area, the food service is an allowed use il T-Q zone and the existing parking supply is large enough to accommo( ,additional 900 square feet of eating area. 2. That the site for the intended use is adequate in size and shape to accommodate th that all 24 additional tables with chairs can fit within the outdoor eatil without affecting vehicular or pedestrian circulation and without the remova landscaping 3. That all the yards, setbacks, walls, fences, landscaping, and other features nece adjust the requested use to existing or permitted future uses in the neighborhood provided and maintained, in that the 24 additional tables with chairs are locatl PC RES0 NO. 4209 -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 to not interfere with any vehicular or pedestrian circulation, loading 2 shopping cart storage areas and the tables serve an existing and appro7 court area. 4. That the street system serving the proposed use is adequate to properly handle i generated by the proposed use, in that the approximately 672 average daily tra: generated by the 24 additional tables with chairs have already been account1 previous traffic reports on the property and, according to these traffic Palomar Airport Road can accommodate this traffic while still maintai acceptable level of service. 5. The Planning Commission has reviewed each of the exactions imposed on the D contained in this resolution, and hereby finds, in this case, that the exactions are to mitigate impacts cause by or reasonably related to the project, and the exteni degree of the exaction is in rough proportionality to the impact caused by the proj Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL Conditional Use Permit Amendment for the project entitled Costco Outdoor (Exhibits “A” - “B” dated December 3, 1997 on file in the Planning Departr incorporated by this reference, subject to the conditions herein set forth.) authorized and directed to make, or require Developer to make, all correct: modifications to the Conditional Use Permit Amendment documents, as nece: make them internally consistent and in conformity with final action on the Development shall occur substantially as shown in the approved Exhibits. Any I development substantially different from this approval, shall require an amend this approval. 2. The Developer shall comply with all applicable provisions of federal, state, a ordinances in effect at the time of building permit issuance 3. If any condition for construction of any public improvements or facilities, or the of any fees in-lieu thereof, imposed by this approval or imposed by law on this re housing project are challenged this approval shall be suspended as pro7 Government Code Section 66020. If any such condition is determined to be in) approval shall be invalid unless the City Council determines that the project wil condition complies with all requirements of law. 1 4. This Conditional Use Permit Amendment is granted for a period of five (5) yea Conditional Use Permit shall be reviewed by the Planning Director on a yearly determine if all conditions of this permit have been met and that the use does nc substantial negative effect on surrounding properties or the public health and we the Planning Director determines that the use has such substantial negative eff Planning Director shall recommend that the Planning Commission, after provi permittee the opportunity to be heard, add additional conditions to reduce or elim substantial negative effects. This permit may be revoked at any time after PC RES0 NO. 4209 -3 - 6 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 a 0 hearing, if it is found that the use has a substantial detrimental effect on surrounc uses and the public’s health and welfare, or the conditions imposed herein have met, This permit may be extended for a reasonable period of time not to exceec years upon written application of the permittee made no less than 90 days prj expiration date. The Planning Commission may not grant such extension, unles that there are no substantial negative effects on surrounding land uses or the health and welfare. If a substantial negative effect on surrounding land usc public’s health and welfare is found, the extension shall be denied or gran conditions which will eliminate or substantially reduce such effects. There is nc the number of extensions the Planning Commission may grant. 5. The Developer shall report, in writing, to the Planning Director within 30 d address change from that which is shown on the conditional use permit applicatic 6. This project shall comply with all conditions and mitigation measures which are as part of the Zone 5 Local Facilities Management Plan and any amendments that Plan. 7. Approval of CUP 90-03(B) supplements the approval of CUP 90-03 and ( 03(A). All conditions of approval of Planning Commission Resolution N dated April 3,1996, and Planning Commission Resolution No. 4144, dated A 1997, remain in full force and effect, except as modified herein. Engineering: 8. A standard development traffic impact fee (TIF) shall be paid to the City within of approval of the Conditional Use Permit Amendment. The Fee shall be c; based on the San Diego Association of Governments (SANDAG), Brief ( Vehicular Traffic Generation Rates for the San Diego Region, sit down, high restaurant at seven (7) average daily trips (ADT) per seat. If this fee is not paid P days of the project’s approval, the project will not be in conformance with the cc of approval and the approval shall become null and void. General Conditions: 9. 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 tc implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuan future building permits; deny, revoke or further condition all certificates of oc issued under the authority of approvals herein granted; institute and prosecute litil 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 apy this Conditional Use Permit Amendment PC RES0 NO. 4209 -4- e e 0 1 2 3 4 5 6 7 8 9 10 11 12 PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 3rd day of December 199 following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Monroy, Noble, Savary and Welshons NOES: ABSENT: ABSTAIN: . I. an, 3 ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: PC RES0 NO. 4209 -5-