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Home My WebLink About2000-06-21; Planning Commission; Resolution 47821 . -, PLANNING COMMISSION RESOLUTION NO. 4782 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT CUP 99-15 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.: CUP 99-28 9 WHEREAS, S & C Company, Inc., “Developer,” has filed a verified application 10 with the City of Carlsbad regarding property owned by Pricesmart, Inc, “Owner,” described as 11 12 13 14 15 16 17 18 19 Parcel 1 of Parcel Map No. 17542, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 27,1995 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “J” dated June 7, 2000, on file in the Carlsbad Planning Department, OSCAR’S CARLSBAD - CUP 99-28, as provided by Chapters 21.42,21.50, and 21.208 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of June, 2000 and on 20 21 the 21st day of June, 2000, hold a duly noticed public hearing as prescribed by law to consider 22 23 24 25 26 27 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 CUP. 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. . n . 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 B) Findinps: That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of OSCAR’S CARLSBAD - CUP 99-28, based on the following findings and subject to the following conditions: 1. 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: A. B. C. 2. 3. 4. 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 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 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. 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 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 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 project will generate 1,195 ADT, which will not impact the levels of service of the surrounding roadways and key intersections to an unacceptable level. Commercial Visitor-Serving Overlav Findings 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone, in that the on-site circulation system has been adequately designed to accommodate the flow of traffic without PC RESO NO. 4782 -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 creating conflicts between uses, a passenger drop-off/pick-up area has been incorporated into the project to accommodate visitor, tourist, and shuttle bus transportation, and enhanced paving has been provided in the primary drive entrance to provide a “pedestrian friendly” zone between the parking lot and restaurant. 6. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective and high quality architecture and building design within the overlay zone, in that the proposed contemporary southwest architectural design is complementary to the surrounding buildings in the vicinity, and the building design reflects a high quality through the use of architectural details and a variety of building forms. 7. That the project complies with all development and design criteria of the overlay zone, in that the project complies with the parking requirements, sign allowances, building height, building setback, building colors/materials, architectural style, and landscaping requirements of Section 21.208 of the Carlsbad Municipal Code. / Conditions: 1. This approval is granted subject to the approval of the Negative Declaration, SDP 90- 05(F’), and CDP 99-55 and is subject to all conditions contained in Planning Commission Resolutions 4780,4781, and 4783 for those other approvals. 1 2. 3. If, at any time, the City Council, Planning Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this Conditional Use Permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the Commercial Visitor-Serving Overlay Zone, and to provide for the health, safety and general welfare of the City. This Conditional Use Permit is granted for a period of ten years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 4. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If II PC RESO NO. 4782 -3- I l . II P ? 1 2 3 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 4 5. 5 6 6. All exterior lighting shall be shielded or oriented in such a way so as to reflect downward and avoid any impacts on adjacent homes or property. Trash containers shall be contained within a six-foot high enclosure. 7 II NOTICE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. II PC RESO NO. 4782 -4- i . c . 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 .- 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: Chairperson Compaq Commissioners Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Baker ABSTAIN: WILLIAM COMPAS, Cha&person CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HtiZMKLER Planning Director PC RESO NO. 4782 -5-