HomeMy WebLinkAbout2000-06-21; Planning Commission; Resolution 4781- 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
r r‘\
PLANNING COMMISSION RESOLUTION NO. 4781
A RESOLUTION OF THE PLANNJNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT (SDP 90-05 [F])TO
ALLOW A RESTAURANT ON PROPERTY GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF PALOMAR AIRPORT ROAD AND
ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 5.
CASE NAME: OSCAR’S CARLSBAD
CASE NO.: SDP 90-05(F)
WHEREAS, S & C Company, Inc., “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Pricesmart, Inc., “Owner,” described as
Parcel 1 of Parcel Map No. 17542, in the City of Carlsbad,
County of San Diego, State of California, filed in the Offke of the
County Recorder of San Diego County, June 27,1995
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “J” dated June 7, 2000, on file in the Planning
Department, OSCAR’S CARLSBAD - SDP 90-05(F) as provided by Chapter 21.06/Section
21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of June, 2000 and on
the 21st day of June, 2000, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
That the foregoing recitations are true and correct.
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
W That based on the evidence presented at the public hearing, the Planning
Commission APPROVES OSCAR’S CARLSBAD - SDP 90-05(F) based on
the following findings and subject to the following conditions:
Findinps:
1.
2.
3.
4.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that:
A.
B.
C.
D.
The requested use is necessary and desirable for the development of the
community in that the restaurant will provide a service for the residential,
tourist, and business communities; and
The project is in harmony with various elements of the General Plan in that
the underlying Regional Commercial (R) land use designation encourages
convenient services that may be associated with a regional commercial
center; and
The project is not detrimental to existing uses or to uses specifically
permitted in the zone in that the proposal does not produce any on-site
parking or circulation impacts to the Costco center and the project
incorporates the required development standards of the Commercial/Visitor
Serving Overlay Zone which ensures compatibility of the project with the
community; and
The project will not adversely impact the traffic circulation in that the
restaurant will generate an additional 1,195 ADT which will not impact the
levels of service of the surrounding roadways and key intersections to an
unacceptable level.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 1.75 acre site can accommodate the proposed restaurant without disrupting
the existing internal circulation or diminishing parking below that required by the
zoning ordinance.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted Mure uses in the neighborhood will be
provided and maintained, in that the project complies with all development standards
required by the C-2 zone and Commercial/Visitor Serving Overlay Zone, the
building has been designed to exhibit a Contemporary Southwestern Architectural
Style, roof equipment has been adequately screened from view, and adequate
landscape buffers have been provided around the building.
That the street systems serving the proposed use are adequate to properly handle all
traffic generated by the proposed use, in that the traffic impacts of the proposed
restaurant have been adequately evaluated in a traffic study and the 1,195 ADT
PC RESO NO. 4781 -2-
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
generated by the proposed restaurant will not impact the levels of service of the
surrounding roadways and key intersections to an unacceptable level.
5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan based on the facts set forth in
the staff report dated June 7,200O including, but not limited to the following:
A.
B.
C.
D.
E.
F.
Land Use - The project is consistent with the (R) Regional Commercial General
Plan Designation in that the project is a commercial service use adjunct to a
regional center and will serve the daily convenience needs of customers.
Circulation - The levels of service of adjacent roadways indirectly serving the
project will not be reduced to unacceptable levels by the traffic generated by
the proposed restaurant (1,195 ADT) and the on-site parking and circulation
system has been adequately designed and landscaped.
Housing - In accordance with program 4.1 of the Housing Element, the non-
residential project is conditioned to declare that the City may determine that
certain non-residential projects may have to pay a linkage fee, in order to be
found consistent with the Housing Element of the General Plan.
Open Space & Conservation - The project will conform to all NPDES
requirements and Best Management Practices.
Public Safety - The restaurant will be designed and constructed in
conformance with all seismic design standards.
Parks & Recreation - The payment of park impact fees from non-residential
development within LPMP Zone 5 provides for future park lands in the area.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
C. The Local Facilities Management fee for Zone 5 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
PC RESO NO. 4781 -3-
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
7.
8.
9.
10.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record an avigation easement. The project is compatible with the projected noise levels
of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
proposed land use is compatible with the airport in that the indoor and outdoor CNEL
of 60-65 dBA is acceptable to the proposed indoor and outdoor uses associated with
the restaurant.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The project is in compliance with the Scenic Corridor Guidelines as they apply to
Palomar Airport Road. The project includes a 50 foot wide landscaped setback adjacent
to Palomar Airport Road, the parking area is below the grade of Palomar Airport Road,
the building has been designed with a high quality of architectural detailing, and the
proposed roof equipment screen has been architecturally integrated into the overall
building design.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so‘
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
PC RESO NO. 4781 -4-
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
5.
6.
7.
8.
9.
10.
11.
12.
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from: (a) City’s approval and issuance of this Site Development Plan
Amendment, Conditional Use Permit and Coastal Development Permit; and, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy
of the Oscar’s Restaurant Site Plan and the amended Site Plan for SDP 90-05(F)
reflecting the conditions approved by the final decision making body.
Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolutions in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
Developer shall provide proof to the Director from the School District that this project
has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Approval of SDP 90-05(F) supplements the approvals of SDP 90-05, SDP 90-05(A),
SDP 90-05(R), SDP 90-05(C) and SDP 90-05(D). All conditions of approval of
Planning Commission Resolutions No. 3209, 3913, 4605, and 4143, dated April 3,
1991; April 3, 1996; March 19, 1997; and August 6, 1997; respectively, remain in
full force and effect except as modified herein.
This approval is granted subject to the approval of the Negative Declaration, CUP 99-
2$, and CDP 99-55 and is subject to all conditions contained in Planning Commission
Resolutions 4780,4782, and 4783 for those other approvals.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Housing (Non-Residential]
13. Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
PC RESO NO. 4781 -5-
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
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
‘General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
Landscaae
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. The Developer shall construct and install all landscaping
as shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, tree from weeds, trash, and debris.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
16. Any existing landscape or irrigation which may be damaged during construction
shall be replaced in kind.
Notice
17. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
18. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan Amendment, Conditional Use Permit, and Coastal Development
Permit by Resolutions No. 4780, 4782, and 4783 on the real property owned by the
Developer. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
19. Developer shall record an Avigation Easement for the property to the County of San
Diego and tile a copy of the recorded document with the Planning Director.
PC RESO NO. 4781 -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
Onsite Conditions - SDecific
20. This approval shall become null and void if building permits are not issued for this
project within 24 months fi-om the date of project approval.
21. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
22. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
25. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
26. No signs or advertising shall be permitted on the awnings.
Engineering
General
27. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
28. Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
29. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
30. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
PC RESO NO. 4781 -7-
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
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
31. This development shall share in the operational cost and maintenance responsibility
of the existing Costco Urban Pollutant Basin. An annual report of maintenance and
effectiveness shall be submitted to the City for review.
32. The applicant shall pay the Traffic Impact Fees required for this use. The fees shall
be based upon current traffic generation rates as identified in SANDAG Generators
for a sit down high turnover restaurant.
Water
33. The developer shall meet with Deputy City Engineer-Design to coordinate the application
to the Vallecitos Water District to connect to their Interceptor Sewer.
34. All landscape shall be designed to be irrigated with recycled water in accordance with
CMWD standards and City ordinances.
35. The entire building must be protected by an automatic iire sprinkler system.
Standard Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
36. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
PC RESO NO. 4781 -8-
. .
, 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
37.
38.
39.
40.
41.
Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this
approval will not be consistent with the General Plan and shall become void.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
PC RESO NO. 4781 -9-
.
. l
. * 1
2
3
4
8
9
10
11
12
13
14
15
16
17 MICHAEL J. HOxMILtiR
Planning Director
18
19
20
21
22
23
24
25
26
27
28
?
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 21st day of June, 2000, by the
following vote, to wit:
AYES:
NOES:
Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, and Trigas
ABSENT: Commissioner Baker
ABSTAIN:
d&&
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PC RESO NO. 4781 -lO-