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HomeMy WebLinkAbout1981-07-07; City Council; 6659; Pea Soup Andersen Request to Modify SDP 80-13CITY OF CARLSBAD LE:mmt .' - u59 initial: Dept. Head L W , AGENDA BILL NO. DATE : July 7, 1981 City Atty\F DEPARTMENT: Enqineerinq ~~ SUBJECT: PEA SOUP ANDERSEN REQUEST TO MODIFY CONDITIONS OF SITE DEVELOPMENT ~~ ~ PLAN NO. 86-1 1 STATEMENT OF THE MATTER A requirement of development in the Q overlay zone is Planning Commission approval of a site development plan. On September IO, 1980, the Planning Commission took public conditions which included: testimony on the Pea Soup Andersen site development plan and approved SDP80-II with #26 Paseo del Norte shall be fully improved along the property frontage prior to final occupancy of any buildings. The improvements shall be based on a curb-to-curb width of 66 feet and shall include raised median islands 14 feet wide. The developer is asking that the median islands be deleted and the sidewalk deferred. They are also asking for cedit for the portion of Paseo del Norte which must be problem and not a condition of the development. removed and replaced due to drainage problems. The storm drain is an engineering FISCAL IMPACT for the existing street will cost the City between $103,000 and $213,000 depending Deletion of the median islands will slightly reduce City maintenance costs. Credit on whose figures are used. RECOMMENDATION 1. Eliminate all but the first two-hundred feet of raised median on Paseo del Norte. Savings to Pea Soup Andersen - $64,000. 2. Defer the construction of the Paseo del Norte storm drain. Savings to Pea Soup Andersen - $150,000. 3. Require construction of sidewalk adjacent to construction as the Pea Soup development proceeds. Savings to Pea Soup Andersen - $18,750. 4. Deny any credit for roadway replacement costs, EXHIBITS 1. Letter from Pea Soup Andersen of June 2, 1981 2. Conditions of Approval - SDP80-II 3. Memo to City Manager from City Engineer of June 22, 1981 7-7-81 Council approved Staff Recarmendations No. 2 and 4, and referred Staff Recarmendations No.1 and 3 to the Planning camrission for action. ., RESTAURANTS P. 0. BOX W BUELLTON CALIFORNIA 93427 0 Telephone (805) 688-5581 "Splirring Peas for Splir Pea Soup" MAIN OFFICE June 2, 1981 Mr. Frank Aleshire 1200 Elm Avenue Carlsbad, CA 92008 Dear Frank Rick Engineering and our architects, Kruger, Bensen & Ziemer, have completed a study of the offsite improvements on Paseo Del Norte which the City of Carlsbad requires prior to completion of the Andersen's complex. As a result of this study we have the following proposals which we would like to submit to the City Council for their approval : 1. Elimination of the raised center median strip on Paseo Del Norte. .. 2. Elimination of storm drains in center of Paseo Del Norte. 3. Defer construction of the sidewalk on the west side of Paseo Del Norte until the northernmost parcel which is adjacent to Car Country is developed. . 4. Credit Pea Soup Andersen's for the replacement cost of the asphalt roadway which has already been developed by Mr. Ecke. The cost of this approximates $213,000. Should there be any further information needed regarding the above proposals I will be available to the City Council at their convenience. Secretary-TFeasurer jm / - .;P / 1 2 3 4 5 'e 7 .E .9 1c 11 . 22 13 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 PLANKING COCL\1ISSIO!.I RESOLUTICIN NO. 1G94 - A RESOLUTION OF THE P.LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPRCVING SITE DEVELOPMENT PLAN NO. 80-11, FOR A 150 UNIT MOTEL, 2 RESTAUFANTS, GASOLINE STATION, CONVENIENCE STORE AND RELATED C3EC4ERCIAL SHOPS ON PWPERTY GENERqLLY.LOCATED ON THE NORTHWEST CORNZIi OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE. ADJACENT TO INTERSTATE 5. APPLICANT: PEA SOUP ANDERSEN'S CASE NG: SDP 80-11 ,. - .. " WHEREAS, a verified application has been filed wLth the City of Carlsbad, and referred to the Planning Commission; and WHEJZEP.3, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of 'the Municipal Code, tne Planning Commission did, on the 10th day of' September, 1980, considered said request on property described as: A portion of Lot H of Rancho Apa Hedionda according to map thereof No. 823 filed in the office o'f the San Diego County Recorder, also known as assessor's parcel numbers 211-021-13 and 211-021-14. 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 Site Development Plan No. 80-11. .. .. 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. B) That based on the evidence presented at the hearing, the Commission recommends APPROVAL of SDP 80-11, based on the following findings and subject to the following conditions: Findings : 1) The site is physically suitable for the type, density and design of the dcvelopmcnt since thc property is adcquate in size and topography to accommodate the project and still .. meet ai.1 city regulations without any significant environ- menta.1 impacts. The project is consistent with all city public facility policies and ordinances since: The app1ican.t has been allocated sufficient sewer hookups for the project. The applican% has agreed and is requirP-d by the inclusion of an appropriate condition to pay a public facilities fee: Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with keed as required by the General Plan. All necessary Fublic improvements have either been provided or will be required as conditions of approval. The Planning Commission has, by inclusion of an appropriate condition to this subdivision map, insured. that the project will not be approved unless the' City Council finds that sewer service is available tc. approved unless sewer service is avai.lable, and building serve the project. Since ,the project cannot be cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied of the General Plan have been met insofar as they apply that the requirements of the public facilities element to sewer service for this project. ., The design of the project and all'required improvements will not cause any significant environmental impacts, and a declaration of negative environmental impact has been.issued by the Planning Director on August 28, 1980, Log No. 748.' The proposed development is consistent with the Land Use Element and all other applicable elements of the General Plan. The proposed development as conditioned is.consistent with' surrounding development, both existing and future. Conditions 1) Approval is granted for SDP 80-11, as shown on Exhibit "C" dated August 25, 1980, and Exhibit "D", dated Se2texlber 3, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be' issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of be available until time of occupancy. application for such sewer permits and will continue to PC RES0 #1644 . -2- I 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 This project is approved upon the express confiitior, that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the-City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated June 11, 1980, is on file with the City Clerk and is incorporated herein by * reference. If said fee is not paid as promised, this Plan and approval for this project shall be void. application will not be consistent with the General The,applicant s.hall prepare a reproducible mylar of the contained herein. Said site plan shall be submitted to site development plan incorporating the conditions and approved by the Planning Department prior to the . issuance of building.permits. 51 The applicant shall prepare a detai.led landscape and ,\,/ by the Planning Department prior to final map approval. LL/ -Said plan shall include dense landscaping along the 5' .entire Interstate 5 right-of-way to visually screen the ,irrigation plan which shall be submitted to and approved pr.oject from the freeway, and dense'l'andscaping and mounding along Paseo del Norte to screen the parking areas from the' street,. In order 'to provide for fire protection during the construction period, the applicant shall maintain passable vehicular access'to al1,buildings. In addition, .be installed on and off site as required by the Fire adequate fire.hydrants with required fire flows shall Department. The applicant shall install street trees to city spec- ifications at 40 foot intervals along all public street frontages prior to fi'nal occupancy of any building. The variety of said trees shall be subject to the approval of the Parks and Recreation Department. Parking lot trees shall be a minimum 15 gallon sihe. Signs as shown on attached exhibits are specifically not approved as part.of this application. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance qnd shall require review of such signs. Further, a uniform sign program for the and approval by the Planning Department prior to installation development shall be submitted to the Planning Department for its review and approval prior to occupancy of any buiiding. 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from,weeds, trash, and debris; PC RES0 111694 . -3- 3 2 3 4 5 6 .7 'E : 9 1c 11 12 13 14 . .15 16 17 .' le 19 20 21 . E2 23 24 25 I 26 27 28 . -. - Trash receptacle areas shall be enclosed by a 6 foot of said receptacles shall be approved by tke Planning high masonry wall with decorative wood gates. Location Department. All roof appurtenances, including air conditioners, shall be-architecturally integrated and shielded from view and sound buffered from adjacent properties and streets to the sztisfaction o€ the Planning'Department and. Building Department. Approval of this request shall not excuse compliance with all sections of the zoning.ordinance and all other applicable city ordinances in effect at time of building permit issuance. This approval shall become null and void if. building permits are not issued for this project within two years from the. date of project .approval. '. The applicant shall provide clearly marked pedestrian walkways and crosswalks to allow safe and adequate pedestrian 'access.from the parking area south of Avenue of the Flags to of. said walkways and crosswalks shall be subjeckto the the Pea Soup Andersen's Restaurant. The design and location Planning Director's approval and shall be shown on the final site development plan prior to the issuance of building permits. "he applicant shall provide passive recreational facilities- (including but not limited to benches,.gazebos and children's play area), landscaping and a meandering sidewalk in the area located between the motel and the gourmet restaurant prior of said facilities, landscaping and sidewalk shall be includec to final occupancy of the gourmet restaurant. ' The design on the final site development plan and shall be subject to the Planning Director's approval prior to issuance of buildin: permits. , The applicant shall ,provide five (5) .tour bus parking stalls on-site prior to final occupancy of any buildings. Location and design of said stalls shall be subject to the Planning Director's approval and shall be shown on the final site development plan prior to the issuance of building permits.. Along Avenue of the Flags, the applicant shail realign the third median break from Paseo del Norte 55 feet to the east so that it aligns with the exit driveway of the parking lot area located east and adjacent to the restaurant. Parking shall not be allowed along Avenue of the Flags and shall be painted red. and posted with "No Parking" signs prior to final occupancy subject to the approval of the City Engineer. . .. I PC RES0 #1694 c -4- , 'I 1 : . .I I .I 1 . *! . . 1( 1: . 1: 1; 11 1t It 1: 1E 1: 2c 21 ' 22 ' 2: 24 25 26 27 28 .. .An adequate method'of screening the loading area shall be bu.ilding permits and shall be installed prior to occupancy. approved by the Planning Director prior to issuance of The area shown on the plan'for employee parking shall be used exclusively for employees and shall be so marked and designated prior to occupancy. The City Engineer and Planning Director shall have.the discretion to make minor modifications to the on-site circulation, such as turning radii, planter widths and . . locations, etc, to improve traffic flow at the time that the final site plan .is reviewed. The developer shall receive the approval of the City Engineer for a site grading p3an and obtain a grading permit prior to issuance of building permits. Grading shall occur in accordance with an approved grading and erosion control plan, city- standards, and an approved soils and geologic ixvestigation report which shall include slope stability calculations and construction specifications. All exposed slopes shall be hydromulched or otherwise to the approval of the City Engineer. stabilized prior to the issuance of building permits subject Drainage improvements shall be constructed in accordance with the over'all plan for grading to the satisfaction of the with an approved plan, and the work shall be coordinated City iingineer. Paseo del Norte shall be fully improved along the property any buildings. The improvements shall be based on a curb- frontage to c.ify standards.prior to final occupancy of to-curb width of 66 feet and shell incluze raised median islands 14 feet wide. ?:le structural section shall conform to city standards based on R-value tests. This work shall drainage'or groundwater.problems yhich may adversely affect include any remedial measures necessary to correct any of any of the existing street sections which, in the opinion the street and shall'also include the removal and replacement of the City Engineer is inadequate. The curb and gutter and the sidewalk on the east, side of the street.may be deleted from the required improvements. The median islands shall be landscaped and adequate water Landscaping shall be subject to the approval of the Parks and electricity shall be provided to each island for this. and Recreation Director and shall also be subject to the approval of the City Engineer to assure there will be no agreemefit with the city to perpetually maintain the median sight distance problems. The applicant shall enter into an landscaping. ?C RES0 #1694 - -51 .. ! Paseo del Norte shall be posted "'NO Parking" along both sides of the street subject to the approval of the City Engineer. Street lights shall be installed along' Paseo del Norte to city standards concurrent-with the street improvements. The luminaire shall be of the mission bell type. Sidewalks and street lights shall be installed along the property frontage and Palomar Airport ,Road to-city standards prior to the final occupancy of any buildings. Any structural section within the Palomar.Airport Road half street abutting the applicant's property shall be removed and replaced if the'city Engineer determines that the existing section is inadequate. The exit onto Palomar Airport Xoad shall be designed to permit right turn exits.only. The extra lane as shown on the site plan shall be deleted. The developer shall be responsible for obtaining necessary Caltran's approvals and an encroachment permit for work within the Caltrans right-of-way. This work shall be included in the required improvement plans and bonds, shall be subject to the. approval of the City Engineer, and shall be constructed prior to final occupancy of any buildings. This exit shall have a sign which reads: "Ex;it to 1-5 North Only". If this exit is not approved by Caltrans, no exit will be permitted on Palomar Airport Road. Also, signing shall. be constructed directing traffic to Palomar Airport' Road and .I-5, south in a location subject to the approval of the Planning Director prior to final occupancy of any building. The main "Avenue of the Flags" entrance shall be designed as' a street-type entrance instead of two driveway approaches. It shall have curb returns with a radius of 15 feet cn the two outside edges of the entrances and a median island in the center. Wheelchair ramps and a concrete valley gutter curbline shall not exceed a height of 30 inches for a shall also be provided. Landscaping within 20 feet of the distance of 250 feet north of this intersection in crder to provide adequate sight distance. Tile entrance to the porte cochere at the motel &all be des'igned as a street-type entrance as described for the "Avenue of Flags" entrance. entrances and median islands shall be prepared by a civil Improvement plans for all public improvements, driveway engineer, submitted to and approved by the City Engineer and bonds shall be posted prior to the issuance of building permits.. The applicant shall agree to fund a study to be. performed by Caltrans to determine the feasibility of widening the Palomar Airport Bridge over Interstate 5. Said funding shal1,be paid to the .city prior to issuance of a building permit. .. 33) 34) 35) ?C RES0 #1694 . -6- '37) The applicant shall provide a bus shelter on. Paseo del Norte at a location to be approved by the North County Transit District. This shelter shall be installed prior to any occupancy. Should fu.11 width street improvements not be required on Paseo del Norte, a bus turnout shall also be . provided adjacent to the bus shelter location. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plapning Commission of the City of Carlsbad, California, held.on the 10th day of September, 1980, by the following vote, to wit: . AYES: Schick, Larson, Friestedt and Leeds NOES : None ABSENT: Rombotis, Jose .and Marcus ' ABSTAIN: None CARLSBAD ,PLANNING C,&IISSION ATTEST: -\ PC RES0 #1694 - "7 - .. MEMORANDUM - June 22, 1981 TO: City Manager FROM: City Engineer SUBJECT: PEA SOUP OFFSITE IMPROVEMENTS I have reviewed the Pea Soup Andersen request for relief of certain offsite Pea Soup are as follows: improvement conditions at the Paseo del Norte site. The proposals from 1. Elimination of the raised'center median strip on Paseo del Norte. At the request of the applicant, the Pea Soup site development plan scaped median along Paseo del Norte. The median joins the existing included a condition requiring installation of a fourteen foot land- Car Country median. For traffic control purposes the "raised median" This 200 foot section of median will channel left turns into the main is necessary only from Palomar Airport Road to the Avenue of the Flags. entrance of the development and prevent left turns from the gasoline station driveway on Paseo del Norte near its intersection of Palomar Airport Road. The remaining 2,500 feet of raised center median could be replaced by striping. The savings to Pea Soup Andersen should be about $64,000. 2. Elimination of storm drains in center of Paseo del Norte. The Pea Soup Andersen development will be graded to drain away from on Paseo del Norte are a result of runoff from the properties east Paseo del Norte toward the freeway storm drain. Drainage problems of the street rather than west. The placement of a storm drain in Paseo del Norte at this time would minimize future flooding of the street and potential problems for the restaurant complex. The Engineer's calculations show that a ten-year storm will cause the cause greater flooding. The City could require the necessary storm south bound curb side lane to flood. More intense storms will drains to protect Paseo del Norte as a condition of future development east of that street. However, until the time they are constructed, occasionally suffer flooding. The deferral of the storm drain will Paseo del Norte in the vicinity of the Pea Soup development will reduce the project cost by about $150.000. 3. Defer construction of the sidewalk on the west side of Paseo del Norte until the'northern most parcel which is adjacent to'Car Country is developed. The conditions of the site development plan require construction of of the Pea Soup Andersen property. The development will occur in sidewalk on the west side of Paseo del Norte for the full 2,700 feet I. PEA SOUP OFFSITE IMPROVEMENTS -2- June 22, 1981 The Pea Soup Restaurant and motel are second. The gourmet restaurant phases of which the gasoline station and convenience store are first. be constructed as facilities are built. Sidewalk costs about $7.50 is a later phase. The sidewalk on the west side of the street could per lineal foot. At the time of construction of the gasoline service station and convenience store, about 200 feet of sidewalk would be required. Later, when the Pea Soup Restaurant and motel are con- structed, another 1,000 feet of sidewalk would be installed. The last 1,500 feet of sidewalk would be built with the gourmet restaurant. 4. Credit Pea Soup Andersen for the replacement cost of the asphalt road- way which has already been developed @Mr. Ecke. struction of the two-lane road from Car Country to Palomar Airport Road. It is not clear from the City's records who actually paid for the con- street was not designed to the ultimate standard in either width or It is clear from the plans for this section of roadway that the existing structural section. The existing street is only 28 feet wide and con- sists of two inches of asphalt over six inches of base material. It appears that due to subsurface drainage problems the road will have to be completely removed, have subsurface drains placed, and be constructed with at least three inches of asphalt over 12 inches of base. In the past, developers have been required to remove and replace any under- designed or defective offsite improvements adjacent to new development. To do otherwise will set a precedent that could have the potential of costing the City millions of dollars as development along Palomar Airport Road occurs and it is redesigned and reconstructed. Summary of Recomnendations 1. 2. 3. 4. Eliminate all but the first two-hundred feet of raised median on Paseo del Norte. Savings to Pea Soup Andersen - $64,000. Defer the construction of the Paseo del Norte storm drain. Savings to Pea Soup Andersen - $150,000. Require construction of sidewalk adjacent to construction as the Pea Soup development proceeds. Savings to Pea Soup Andersen - $18,750. Deny any credit for roadway replacement costs. LE:ms