HomeMy WebLinkAbout1998-08-05; Planning Commission; Resolution 4338e 0
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PLANNING COMMISSION RESOLUTION NO. 4338
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFUSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 97-24
TO ALLOW THE DEMOLITION OF AN EXISTING DENNY’S
RESTAURANT AND CONSTRUCTION OF AN ISLANDS
RESTAURANT ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF
COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT
ZONE 3
CASE NAME: ISLANDS RESTAURANT
CASE NO.: SDP 97-24
WHEREAS, Islands Restaurants, L.P., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Ray and Barbara
Trust, “Owner”, described as
THE I-SPALOMAR AIRPORT ROAD OFFRAMP IN THE
A portion of Lot “H” of Rancho Agua Hedionda, in the City of
Carlsbad, in the County of San Diego, State of California,
according to map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibit(s) “A” - “K” dated August 5, 1998, on file in the E
Department, ISLANDS RESTAURANT, SDP 97-24, as provided by Chapter 21.06
21.06.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of August , 19:
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te;
and arguments, if any, of all persons desiring to be heard, said Commission considered al.
relating to the Site Development Plan.
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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 P
Commission RECOMMENDS APPROVAL of ISLANDS RESTAU:
SDP 97-24, based on the following findings and subject to the fo:
conditions:
FindinEs:
1. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General P
not be detrimental to existing uses or to uses specifically permitted in the area j
the proposed use is to be located, and will not adversely impact the site, surroun
traffic circulation, in that the project design complies with the requirement:
Commercial Tourist (C-T) Zone and all other requirements applicable to I
The building is setback a significant distance from property lines and a
structures and 21 percent of the site area will be landscaped. An addition:
square feet of the Caltrans right-of-way will be landscaped as a result of
agreement the applicant has obtained with that agency and 607 square fee1
right-of-way will be landscaped.
2. That the site for the intended use is adequate in size and shape to accommodate thl
that all applicable code requirements have been met including the 1
requirement. A total of 14 spaces in excess of the parking standard are incl
the site design. Building coverage is proposed as 12.65 percent of the lease
the site.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary tl
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that a landscape hedge will be planted along the nc
and western boundaries of the parking lot to partially screen views of park(
Adequate vehicle circulation has been provided to accommodate truck 1
movements and driveway connections to the Mobil Gas Station site to the e
the lube and tune, car wash, and Taco Bell to the south have been maintained
4. That the street systems serving the proposed use is adequate to properly handle a1
generated by the proposed use, in that the site plan shows the area where adc
right-of-way will be dedicated along the south side of Palomar Airport R
accommodate a future right turn only lane for east bound Palomar Airport I
southbound Paseo Del Node traffic. i
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5. The Planning Director has determined that the project is exempt from the require
the California Environmental Quality Act (CEQA) per Section 15302 of the Stat
Guidelines and will not have an adverse impact on the environment.
6. The Planning Commission finds that the project, as conditioned herein for
Restaurant, is in conformance with the Elements of the City’s General Plan, I
the following:
a. Land Use - The proposed project is consistent with the TravelRc
Commercial General Plan Land Use Designation for the site as the I
restaurant is located in an area whereby it will serve the needs of tow
residents, as well as employees of business and industrial centers as spe
the Land Use Element.
b. Circulation - The project has been conditioned to dedicate additional righl
for Palomar Airport Road as required by Policy C.18 of the Streets anc
Control Section of the General Plan Circulation Element. The new righl
will allow for the future construction of a 14 foot wide right turn 01
for east bound Palomar Airport Road to southbound Paseo Del Norte
8. 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 the building permits will not b
for the project unless the District Engineer determines that sewer se
available, and building cannot occur within the project unless sewer
remains available, and the District Engineer is satisfied that the requiren
the Public Facilities Element of the General Plan have been met insofar
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school faci
the Carlsbad Unified School District.
c. All necessary public improvements have been provided or are requ
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an appropriate c(
to pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent with
required by the General Plan.
9. 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 ad(
requirements established by a Local Facilities Management Plan prepared purs
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Chapter.21.90 of the Carlsbad Municipal Code. This will ensure continued avail;
public facilities and will mitigate any cumulative impacts created by the project.
10. This project has been conditioned to comply with any requirement approved as pi
Local Facilities Management Plan for Zone 3.
11. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the a]
shall record a notice that the property is subject to overflight, sight and s
aircraft operating from McClellan-Palomar Airport. The project is compati
the projected noise levels of the CLUP; and, based on the noise/land use coml
matrix of the CLUP, the proposed land use is compatible with the airport, in thal
site falls inside the 60 CNEL noise contour and the proposed land z
compatible use at this noise level.
12. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-3 84.
13. The Planning Commission has reviewed each of the exactions imposed on the DI
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the extenl
degree of the exaction is in rough proportionality to the impact caused by the proj
Conditions:
Planning Conditions
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Site Development Plan document(s) necessary to mal
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed devel
different from this approval, shall require an amendment to 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. The Developer/Operator shall and does hereby agree to indemnify, protect, defi
hold harmless the City of Carlsbad, its Council members, officers, employees, age
representatives, fiom and against any and all liabilities, losses, damages, demands
and costs, including court costs and attorney’s fees incurred by the City arising, I
or indirectly, from (a) City’s approval and issuance of this Conditional Use Pen
City’s approval or issuance of any permit or action, whether discretionary (
discretionary, in connection with the use contemplated herein, ar
Developer/Operator’s installation and operation of the facility permitted
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including without limitation, any and all liabilities arising from the emissior
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24” x 36” mylar copy 01
plan as approved by the final decision making body. The Site Plan shall re]
conditions of approval by the City. The Plan copy shall be submitted to I
Engineer and approved prior to building, grading, final map, or improvemt
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline (
Said blueline drawing(s) shall also include a copy of any applicable Coastal Deve
Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject property ur
District Engineer determines that sewer facilities are available at the time of apy
for such sewer permits and will continue to be available until time of occupancy.
7. The Developer shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any devel
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad MI
Code or other ordinance adopted to implement a growth management system or F
and Improvement Plan and to fulfill the subdivider’s agreement to pay the
facilities fee dated June 24, 1998, a copy of which is on file with the City Clerl
incorporated by this reference. If the fees are not paid, this application will
consistent with the General Plan and approval for this project will be void.
8. The Developer shall provide proof of payment of statutory school fees to r
conditions of overcrowding as part of the building permit application. The am
these fees shall be determined by the fee schedule in effect at the time of building
application.
9. This project shall comply with all conditions and mitigation measures which are r
as part of the Zone 3 Local Facilities Management Plan and any amendments r
that Plan prior to the issuance of building permits.
10. Approval of SDP 97-24 is granted subject to the approval of CDP 97-45. SDP 9
subject to all conditions contained in the Planning Commission Resolution No. 4;
CDP 97-45.
11. Prior to the issuance of the building permit, Developer shall submit to the City a
of Restriction to be filed in the office of the County Recorder, subject to the sati:
of the Planning Director, notifying all interested parties and successors in interest .c
City of Carlsbad has issued a Site Development Plan and Coastal Development I
by Resolutions No. 4338 and 4339 on the real property owned by the Developer
Notice of Restriction shall note the property description, location of the file con
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complete project details and all conditions of approval as well as any condi
restrictions specified for inclusion in the Notice of Restriction. The Planning
has the authority to execute and record an amendment to the notice which mo
terminates said notice upon a showing of good cause by the Developer or sue(
interest.
12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi
pursuant to City standards. Location of said receptacles shall be approved
Planning Director. Enclosure shall be of similar colors and/or materials to the pj
the satisfaction of the Planning Director.
13. An exterior lighting plan including parking areas shall be submitted for Planning
approval prior to building permit issuance. All lighting shall be designed tc
downward and avoid any impacts on adjacent homes or property. The maximun
of all light fixtures shall not exceed 30 feet. Light poles and futures shall be
in color so as to not draw attention to their locations.
14. No outdoor storage of materials shall occur onsite unless required by the Fire CI
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
15. The Developer shall prepare a detailed landscape and irrigation plan in conformar
the approved Preliminary Landscape Plan and the City’s Landscape Manual. TI
shall be submitted to and approval obtained fi-om the Planning Director prio~
approval of the final map, grading permit, or building permit, whichever occurs fi1
Developer shall construct and install all landscaping as shown on the approved pli
maintain all landscaping in a healthy and thriving condition, Eree from weeds, tr;
debris.
16. The first submittal of detailed landscape and irrigation plans shall be accompaniec
project’s building, improvement, and grading plans.
17. Building identification andor addresses shall be placed on all new and existing bl
so as to be plainly visible from the street or access road; color of identificatior
addresses shall contrast to their background color.
18. Prior to the issuance of building permits the Developer shall prepare and record E
that this property is subject to overflight, sight and sound of aircraft operatir
McClellan-Palomar Airport, in a form meeting the approval of the Planning Direc
the City Attorney (see Noise Form 2 on file in the Planning Department).
19. The Developer is aware that the City is preparing a non-residential housing imI
(linkage fee) consistent with Program 4.1 of the Housing Element. The appl.
further aware that the City may determine that certain non-residential projects mi
to pay a linkage fee, in order to be found consistent with the Housing Elemenl
General Plan. If a linkage fee is established by City Council ordinance and/or res
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and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or his/her/their successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developme
existing development, in which case, the fee shall be paid on approval of the fi,
parcel map or certificate of compliance, required to process the non-residenti
whichever pertains. If linkage fees are required for this project, and they are not I
project will not be consistent with the General Plan and approval for this pro
become null and void.
Engineering Conditions
20. Prior to issuance of any building permit, the developer shall comply 1
requirements of the City's anti-graffiti program for wall treatments if and whe,
program is formerly established by the City.
21. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation
22. The developer shall provide for sight distance corridors at all street intersec
accordance with Engineering Standards.
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inche:
the street level may be placed or permitted to encroach within the area idt
as a sight distance corridor in accordance with City Standard Public
Design Criteria, Section 8.B.3. The underlying property owner shall m
this condition."
23. The developer shall pay all current fees and deposits required.
24. Prior to the issuance of building permits, the owner of the subject proper
execute an agreement holding the City harmless regarding drainage across the 2
property.
25. Based upon a review of the proposed grading and the grading quantities shown on
plan, a grading permit for this project is not required.
26. The owner shall make an offer of dedication to the City for all public stre
easements required by these conditions or shown on the site plan. The offer >
made prior to the issuance of any building permit for this project. All land so
shall be granted to the City free and clear of all liens and encumbrances and with(
to the City. Streets that are already public are not required to be rededicated.
PC RES0 NO. 4338 -7-
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1 27. Additional right-of-way along Palomar Airport Road shall be dedicated
2 property owner to accommodate a 14' wide right turn lane from the northba
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off-ramp to Paseo Del Norte as shown on the site plan. The specific graJ
dedication plat, and legal description shall be prepared in conformance with
Carlsbad Standards and shall be reviewed, approved and accepted by t
4 Engineer prior to issuance of building permits for this project.
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28. The developer shall comply with the City's requirements of the National E
Discharge Elimination System (NPDES) permit. The developer shall provj
management practices as referenced in the "California Storm Water Best Man;
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and te
the following:
a. All owners and tenants shall coordinate efforts to establish or w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, ar
such fluids shall not be discharged into any street, public or private
storm drain or storm water conveyance systems. Use and disr
pesticides, fungicides, herbicides, insecticides, fertilizers and 0th
chemical treatments shall meet Federal, State, County an
requirements as prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce
pollutants when planning any changes to the landscaping and
improvements.
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Fire Conditions
29. Prior to the issuance of building permits, complete building plans shall be apprc
21 the Fire Department.
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30. Applicant shall submit a site plan to the Fire Department for approval, which
location of required, proposed and existing public water mains and fire hydranl
plan should include off-site fire hydrants within 200 feet of the project.
31. Applicant shall submit a site plan depicting emergency access routes, drivewz
traffic circulation for Fire Department approval.
32. An all weather, unobstructed access road suitable for emergency service vehicles :
provided and maintained during construction. When in the opinion of the Fire Ck
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access road has become unserviceable due to inclement weather or other reasons,
in the interest of public safety, require that construction operations cease t
condition is corrected.
33. All required water mains, fire hydrants and appurtenances shall be operations
combustible building materials are located on the construction site.
34. Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in accordance 7
requirements of section 17.04.020 of the Carlsbad Municipal Code.
35. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire t
systems and other fire protection systems shall be submitted to the Fire Depart1
approval prior to construction.
Water Conditions
36. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demandk
met.
37. 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. The S~I
County Water Authority capacity charge will be collected at issuance of applica
meter installation.
38. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requir
Also obtain G.P.M. demand for domestic and irrigational needs from app
parties.
b. Prepare a colored reclaimed water use area map and submit to the P:
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement 1
meeting must be scheduled with the District Engineer for review, commr
approval of the preliminary system layouts and usages (i.e. - GPM - EDU).
, 39. Building permits will not be issued for this project unless the local agency prc
water and sewer services to the project provides written certification to the Cj
adequate water service and sewer facilities, respectively, are available to the projec
time of the application for the building permits, and that water and sewer capacj
facilities will continue to be available until the time of occupancy.
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General Condition
40. If any of the foregoing conditions fail to occur; or if they are, by their term
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 fbrther condition issuant
future building permits; deny, revoke or fkrther condition all certificates of OCI
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their violat
vested rights are gained by Developer or a successor in interest by the City’s app
this site development plan.
Standard Code Reminders:
41. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
42. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
43. Approval of this request shall not excuse compliance with all applicable section!
Zoning Ordinance and all other applicable City ordinances in effect at time of 1
permit issuance, except as otherwise specifically provided herein.
44. The project shall comply with the latest non-residential disabled access requil
pursuant to Title 24 of the State Building Code.
45. All roof appurtenances, including air conditioners, shall be architecturally integra
concealed from view and the sound buffered from adjacent properties and strc
substance as provided in Building Department Policy No. 80-6, to the satisfactior
Directors of Community Development and Planning.
46. Compact parking spaces shall be located in large groups, and in locations clearly
to the satisfaction of the Planning Director.
47. All landscape and irrigation plans shall be prepared to conform with the Lar
Manual and submitted per the landscape plan check procedures on file in the P1
Department.
48. Any signs proposed for this development shall at a minimum be designed in confo
with the City’s Sign Ordinance and shall require review and approval of the P1
Director prior to installation of such signs.
49. The developer shall exercise special care during the construction phase of this prc
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prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days from August 5, 1998 to protest imposition of these feedexactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously been
NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 5th day of August 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, h/
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PIYANNING COMMISSION
ATTEST:
MICHAEL J. HOY'ZMIWER
Planning Director
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