HomeMy WebLinkAbout1998-09-15; City Council; 14850; Islands RestaurantI -
CITY OF CARLSBAD - AGEhdA BILL
MTG. ?-/y * qe ISLANDS RESTAURANT
DEPT. PLN &/ SDP 97-24lCDP 97-45
DEPT. HD. @&
CITY ATTY. b
CITYMGR %U
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 48 -309 I APPROVING SDP 97-24 and CDP
97-45.
ITEM EXPLANATION:
On August 5, 1998, the Planning Commission conducted a public hearing and unanimously
recommended approval of the Islands Restaurant project, which is proposed for property located
on the south side of Palomar Airport Road east of the northbound I-5/Palomar Airport Road
offramp. The project site is located within the Coastal Zone as well as Local Facilities
Management Zone 3.
The applications propose the demolition of the existing single story 4,919 square foot Denny's
Restaurant and the construction of a single story 5,116 square foot Islands Restaurant on a 0.93
acre lease area. The project includes the removal of the majority of the existing improvements
on the property except for the pole sign. Also included as part of the project are parking areas,
landscaping, exterior signage, and the dedication of right-of-way on the Palomar Airport Road
frontage to accommodate a future right-turn-only lane for eastbound Palomar Airport Road to
southbound Paseo Del Norte traffic. Only minor finish grading is necessary for the proposed
development. The Site Development Plan and Coastal Development Permit applications are
required for the City to determine that the design complies with all City standards. The project is
in compliance with all City requirements.
The permits require City Council approval as the project site is in the area subject to the
Carlsbad Ranch Overlay Zone Urgency Ordinance. The urgency ordinance contains no
additional development or design standards. The effect of the urgency ordinance is to require
commercial projects subject to Planning Commission review to undergo City Council review and
approval. In compliance with the urgency ordinance the Planning Commission reviewed the
project and made a recommendation of approval on the required permits instead of taking the
final action to approve or deny the project as would be the case in the absence of the ordinance.
Public testimony was received from the owner of the Jiffy Lube and the owner of the Palomar
Car Wash both located south of the project site. Concerns expressed were in regard to the
visibility from Palomar Airport Road of wall signs on those two businesses relative to the
building location and landscaping for the Islands Restaurant and closing of vehicular access
across the project site during construction. The Planning Commission made a minute motion to
request that the City Engineer and Fire Chief exercise the maximum amount of discretion during
construction of Islands to allow temporary signs to be posted indicating the alternate access
from Paseo Del Norte for the Jiffy Lube and car wash during construction.
The project as designed complies with all applicable plans, ordinances and policies. More
detailed information is included in the attached staff report to the Planning Commission.
,"
PAGE 2 OF AGENDA dlLL NO. 14,tS 0
ENVIRONMENTAL REVIEW
The project has been determined to be categorically exempt from CEQA (California
Environmental Quality Act) pursuant to Section 15302 of the CEQA Guidelines. The exemption
is for the replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced.
FISCAL IMPACT:
All public facilities necessary to serve this development are in place. The project has been
conditioned to dedicate additional right-of-way on Palomar Airport Road to accommodate a
future right-turn-only lane for eastbound Palomar Airport Road to southbound Paseo Del Norte
traffic. These road improvements will be constructed as a future capital project by the City.
GROWTH MANAGEMENT STATUS:
Facilities Zone
Local Facilities Management Plan
3
NIA Special Facility Fee
NIA Net Density
NIA Growth Control Point
3
EXHIBITS:
1. City Council Resolution No. q8 "304
2. Location Map
3. Planning Commission Resolutions No. 4338 and 4339
4. Planning Commission Staff Report, dated August 5, 1998
5. Draft excerpts of Planning Commission Minutes, dated August 5, 1998.
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RESOLUTION NO. 98-309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT
PLAN NO. SDP 97-24 AND COASTAL DEVELOPMENT PERMIT
97-45 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 THE I-5lPALOMAR AIRPORT ROAD OFFRAMP
IN THE COASTAL ZONE AND LOCAL FACILITIES
MANAGEMENT ZONE 3
CASE NAME: ISLANDS RESTAURANT
CASE NO.: SDP 97-24lCDP 97-45
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on August 5, 1998 the Carlsbad Planning Commission held a duly
noticed public hearing to consider a proposed Site Development Plan and Coastal Development
Permit for the demolition of an existing Denny's Restaurant and construction of a single story
5,116 square foot Islands Restaurant with related site improvements on a 0.93 acre lease area,
and adopted Resolutions 4338 and 4339 recommending to the City Council that the Site
Development Plan and Coastal Development Permit be approved; and
WHEREAS, the City Council of the City of Carlsbad. on the 15th day of
September , 1998 held a duly noticed public hearing to consider the recommendation
and heard all persons interested in or opposed to SDP 97-24 and CDP 97-45; and
WHEREAS, the project was determined to be categorically exempt from the
California Environmental Quality Act pursuant to Section 15302 of the CEQA Guidelines,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
Site Development Plan 97-24 and Coastal Development Permit 97-45 is approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolutions No. 4338 and 4339 on file with the City Clerk and incorporated herein by reference,
are the findings and conditions of the City Council except as amended below by Condition 1.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
3. This action is final the date this resolution is adopted by the City Council.
Review" shall apply:
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Condition:
during the construction of the Islands Restaurant, while the driveway access from Palomar
1. The City Engineer and Fire Chief shall exercise the maximum amount of discretion
Airport Road to Jiffy Lube and the car wash is closed, to allow temporary signs to be posted
indicating that an alternate access is available from Paseo Del Norte.
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16.
Any petition or other paper seeking judicial review must be filed in the
appropriate court no later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision
becomes final a request for the record of proceedings accompanied by the
required deposit in an amount sufficient to cover the estimated cost of
preparation of such record, the time within which such petition may be filed in
court is extended to not latter than the thirtieth day following the date on which
the record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200
Carlsbad Village Drive, Carlsbad, California 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the &hday of September 1998, by the following vote, to wit:
AYES: Council Members Finnila, Nygaard, Kulchin & Hall
NOES: None
ABSENT: council Member Lewis
A FINNILA, Mayor Pro Tern
ATTEST:
(SEAL)
-2-
FLOWER
FIELDS \
/
ISLANDS RESTAURANT
SDP 97-24/CDP 97-45
EXHIBIT 2
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” - EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 4338
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
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 verified
application with the City of Carlsbad regarding property owned by Ray and Barbara Winter
Trust, “Owner”, described as
APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 97-24
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 Ofice of the
County Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit(s) “A” - “K” dated August 5, 1998, on file in the Planning
Department, ISLANDS RESTAURANT, SDP 97-24, as provided by Chapter 21.06/Section
21.06.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of August, 1998, 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.
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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 public hearing, the Planning
Commission RECOMMENDS APPROVAL of ISLANDS RESTAURANT,
SDP 97-24, based on the following findings and subject to the following
conditions:
Findings:
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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
traffk circulation, in that the project design complies with the requirements of the
Commercial Tourist (C-T) Zone and all other requirements applicable to the site.
The building is setback a significant distance from property lines and adjacent
structures and 21 percent of the site area will be landscaped. An additional 2,402
square feet of the Caltrans right-of-way will be landscaped as a result of a lease
agreement the applicant has obtained with that agency and 607 square feet of city
right-of-way will be landscaped.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all applicable code requirements have been met including the parking
requirement. A total of 14 spaces in excess of the parking standard are included in
the site design. Building coverage is proposed as 12.65 percent of the lease area of
the site.
That all 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 a landscape hedge will be planted along the northern
and western boundaries of the parking lot to partially screen views of parked cars.
Adequate vehicle circulation has been provided to accommodate truck turning
movements and driveway connections to the Mobil Gas Station site to the east and
the lube and tune, car wash, and Taco Bell to the south have been maintained.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the site plan shows the area where additional
right-of-way will be dedicated along the south side of Palomar Airport Road to
accommodate a future right turn only lane for east bound Palomar Airport Road to
southbound Paseo Del Norte traffic.
PC RES0 NO. 4338 -2- 7
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5.
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The Planning Director has determined that the project is exempt from the requirements 01
the California Environmental Quality Act (CEQA) per Section 15302 of the State CEQA
Guidelines and will not have an adverse impact on the environment.
The Planning Commission finds that the project, as conditioned herein for Islands
Restaurant, is in conformance with the Elements of the City's General Plan, based or
the following:
a. Land Use - The proposed project is consistent with the TravelRecreatior
Commercial General Plan Land Use Designation for the site as the proposec
restaurant is located in an area whereby it will serve the needs of tourists anc
residents, as well as employees of business and industrial centers as specified ir
the Land Use Element.
b. Circulation - The project has been conditioned to dedicate additional right-of-way
for Palomar Airport Road as required by Policy C.18 of the Streets and Traffic
Control Section of the General Plan Circulation Element. The new right-of-way
will allow for the future construction of a 14 foot wide right turn only lane
for east bound Palomar Airport Road to southbound Paseo Del Norte traffic.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan and all City public facility policies and
ordinances since:
a. The project has been conditioned to ensure the building permits will not be issued
for the project unless the District Engineer determines that sewer service is
available, and building cannot occur within the project unless sewer service
remains available, and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school facilities in
the Carlsbad Unified School District.
c. All necessary public improvements have been provided or are required as
conditions of approval.
d. The Developer has agreed and is required 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 need as
required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
PC RES0 NO. 4338 -3- 8
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Chapter.21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
IO. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 3.
11. 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 a notice that the property is subject to overflight, sight and sound of
aircraft operating from McClellan-Palomar Airport. 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 project
site falls inside the 60 CNEL noise contour and the proposed land use is a
compatible use at this noise level.
12. That the project is consistent with the City’s Landscape Manual, adopted by City Council
Resolution No. 90-384.
13. 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:
Planning Conditions
I. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Site Development Plan document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
3. The 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 Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
PC RES0 NO. 4338 -4- 9
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including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall provide the City with a reproducible 24" x 36" mylar copy of the site
plan as approved by the final decision making body. The Site Plan shall reflect the
conditions of approval by the City. The Plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving resolutions on a 24" x 36" blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated June 24, 1998, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
The Developer shall provide proof of payment of statutory school fees to mitigate
conditions of overcrowding as part of the building permit application. The amount of
these fees shall be determined by the fee schedule in effect at the time of building permit
application.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Approval of SDP 97-24 is granted subject to the approval of CDP 97-45. SDP 97-24 is
subject to all conditions contained in the Planning Commission Resolution No. 4339 for
CDP97-45.
Prior to the issuance of the building permit, 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 and Coastal Development Permit
by Resolutions No. 4338 and 4339 on the real property owned by the Developer. Said
Notice of Restriction shall note the property description, location of the file containing
PC RES0 NO. 4338 -5- /6
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complete project details and all conditions of approval as well as any conditions 01
restrictions specified for inclusion in the Notice of Restriction. The Planning Direct01
has the authority to execute and record an amendment to the notice which modifies 01
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. 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.
An exterior lighting plan including parking areas shall be submitted for Planning Director
approval prior to building permit issuance. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property. The maximum height
of all light fixtures shall not exceed 30 feet. Light poles and fixtures shall be neutral
in color so as to not draw attention to their locations.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
Building identification and/or addresses 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.
Prior to the issuance of building permits the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form 2 on file in the Planning Department).
The 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
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 andor resolution
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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.
EneineerinP Conditions
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Prior to issuance of any building permit, the developer shall comply with the
requirements of the City's anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards.
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-
Design Criteria, Section 8.B.3. The underlying property owner shall maintain
this condition."
The developer shall pay all current fees and deposits required.
Prior to the issuance of building permits, the owner of the subject property shall
execute an agreement holding the City harmless regarding drainage across the adjacent
property.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is not required.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site plan. The offer shall be
made prior to the issuance of any building permit for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without cost
to the City. Streets that are already public are not required to be rededicated.
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Additional right-of-way along Palomar Airport Road shall be dedicated by the
property owner to accommodate a 14' wide right turn lane from the northbound 1-5
off-ramp to Paseo Del Norte as shown on the site plan. The specific grant deed,
dedication plat, and legal description shall be prepared in conformance with City of
Carlsbad Standards and shall he reviewed, approved and accepted by the City
Engineer prior to issuance of building permits for this project.
The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by 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.
Fire Conditions
29. Prior to the issuance of building permits, complete building plans shall be approved by
the Fire Department.
30. Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants. The
plan should include off-site fire hydrants within 200 feet of the project.
31. Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
32. An all weather, unobstructed access road suitable for emergency service vehicles shall be
provided and maintained during construction. When in the opinion of the Fire Chief, the
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access road has become unserviceable due to inclement weather or other reasons, he may:
in the interest of public safety, require that construction operations cease until the
condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational before
combustible building materials are located on the construction site.
Prior to building occupancy, private roads and driveways which serve as required access
for emergency service vehicles shall be posted as fire lanes in accordance with the
requirements of section 17.04.020 of the Carlsbad Municipal Code.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler
systems and other fire protection systems shall be submitted to the Fire Department for
approval prior to construction.
Water Conditions
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The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can be
met.
The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain G.P.M. demand for domestic and inigational needs from appropriate
parties.
b. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement plans, a
meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages (Le. - GPM - EDU).
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 permits, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
PC RES0 NO. 4338 -9- /+
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General Condition
40. If any of the foregoing 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 pian.
Standard Code Reminders:
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The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
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.
The developer shall exercise special care during the construction phase of this project to
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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
“feeskxactions.”
You have 90 days from August 5, 1998 to protest imposition of these feeskxactions. 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 feeskxactions
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.
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PC RES0 NO. 4338 16
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of August 1998 . by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy.
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PfANNING COMMISSION
ATTEST:
MICHAEL J. HOYZMIMER
Planning Director
PC RES0 NO. 4338 -12- I7
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PLANNING COMMISSION RESOLUTION NO. 4339
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
DENNY’S RESTAURANT AND CONSTRUCTION OF AN
ISLANDS RESTAURANT ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT
THE COASTAL ZONE AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: ISLANDS RESTAURANT
CASE NO.: CDP 91-45
WHEREAS, Islands Restaurants, L. P., “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Ray and Barbara Winter
Trust, “Owner”, described as
CDP 97-45 TO ALLOW THE DEMOLITION OF AN EXISTING
ROAD EAST OF THE I-SPALOMAR ROAD OFFRAMP IN
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 Coastal
Development Permit as shown on Exhibits “A” - “K” dated August 5, 1998 ,on file in the
Planning Department, ISLANDS RESTAURANT, CDP 97-24, as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of August 1998, 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 CDP.
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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 public hearing, the Commission
RECOMMENDS APPROVAL OF ISLANDS RESTAURANT, CDP 97-45,
based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project is in compliance with the
relevant policies of the Mello I1 Segment of the Local Coastal Program and the
Coastal Resource Protection Overlay Zone.
2. The project complies with the requirements of the Coastal Resource Protection
Overlay Zone as the project site has no coastal resources and is currently developed.
Only a minor amount of finish grading will be required to construct the project. As
a result there are no project issues relative to wildlife habitat preservation,
deterrence of soil erosion by maintaining the vegetative cover on steep slopes, and
drainage improvements which the Coastal Resource Protection Overlay Zone was
established to address.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the document(s) necessary to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project within
two (2) years of approval or this coastal development permit will expire unless
extended per Section 21.201.210 of the Zoning Ordinance.
3. Approval of CDP 97-45 is granted subject to the approval of SDP 97-24. CDP 97-45
is granted subject to all conditions contained in the Planning Commission Resolution
for SDP 97-24.
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.”
PC RES0 NO. 4339 /? -2-
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You have 90 days from August 5. 1998 to protest imposition of these feesiexactions. 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 fo~
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time]!
follow that procedure will bar any subsequent legal action to attack, review. set aside. void. 01
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5th day of August 1998, by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy,
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PYLANNING COMMISSION
ATTEST:
MICHAEL J. HO~MILMR
Planning Director
PC RES0 NO. 4339 -3-
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I’he City of CARLSBAD Planning Departmtd EXHIBIT 4 &i A REPORT TO THE PLANNING COMMISSION
ItemNo. @
i Application complete date: May 21, 1998
P.C. AGENDA OF: August 5, 1998 Project Planner: Don Neu
Project Engineer: Clyde Wickham
SUBJECT: SDP 97-24/CDP 97-45 - ISLANDS RESTAURANT - Request for a
recommendation of approval for a Site Development Plan and Coastal
Development Permit for the demolition of an existing Denny’s Restaurant and
construction of an Islands Restaurant on a lease area of approximately 0.93 acres
located on the south side of Palomar Airport Road east of the northbound 1-51
Palomar Airport Road offramp in the Coastal Zone and Local Facilities
Management Zone 3.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4338 and 4339,
RECOMMENDING APPROVAL of SDP 97-24 and CDP 97-45, based on the findings and
subject to the conditions contained therein.
11. INTRODUCTION
These applications propose the demolition of an existing single story 4,919 square foot Denny’s
Restaurant and the construction of a single story 5,116 square foot Islands Restaurant on a 0.93
acre lease area on the south side of Palomar Airport Road east of the northbound I-SPalomar
Airport Road offramp. The proposed land use is permitted by the C-T-Q (Commercial-Tourist,
Qualified Development Overlay) Zone subject to the approval of a site development plan. The
project also requires the approval of a coastal development permit as the site is in the Mello I1
Segment of the Local Coastal Program and is subject to the requirements of the Coastal Resource
Protection Overlay Zone, Chapter 21.203 of the Carlsbad Municipal Code. The project is subject
to the Carlsbad Ranch Overlay Zone Urgency Ordinance which requires that the City Council
have final review and approval of all commercial projects that would otherwise have received
final approval from the Planning Commission around the LEGOLANDlCarlsbad Ranch Specific
Plan Area. Therefore, the Planning Commission is being requested to make a recommendation
of approval on the project to the City Council. The project is in compliance with all city
requirements.
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SDP 97-24ICDP 97-45 - hANDS RESTAURANT
August 5, 1998
111. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting that the Planning Commission recommend approval of a site
development plan and coastal development permit that would allow the demolition of the
existing 4,919 square foot Denny’s restaurant and the construction of a 5,116 square foot single
story building to be operated as an Islands Restaurant on a 0.93 acre lease area. The project
includes the removal of the majority of the existing improvements on the property except for the
pole sign. Parking areas, landscaping, exterior signage, and the dedication of right-of-way on the
Palomar Airport Road frontage to accommodate a hture right turn only lane for eastbound
Palomar Airport Road to southbound Paseo Del Norte traffic are also included as part of the
project. Only minor finish grading is necessary for the proposed development.
An island theme is utilized for the building’s architecture and site landscaping. The building
design includes a small thatched entry cover. Exterior building materials include wood, metal,
stucco, and river rock. Canvas awnings and hoop light fixtures are utilized over exterior doors
and windows. The maximum building height proposed is 21 feet 6 inches. Approximately 21
percent of the site will be landscaped with an additional 2,402 square feet of the CALTrans right-
of-way adjacent to the west property line being landscaped through a lease agreement. Planter
areas adjacent to the building will have a tropical theme to compliment the architecture of the
building.
The site design includes parking spaces in excess of the total number required by the City’s
parking ordinance. The City standard results in the requirement to provide 63 spaces and the
proposal includes a total of 77 spaces. Existing on-site driveway connections to the Mobil gas
station and the uses to the south of the development area will be maintained. The project
proposes a total of three signs. One is the replacement of the Denny’s copy on the existing pole
sign with copy fitting into the existing sign frame. Two wall signs are proposed above the
building’s main entrance. One wall sign will face north and the other will be oriented to the east.
No signage is proposed on any of the awnings as the three proposed signs utilize the sign area
allowance for the project.
General Plan, Zoning & Existing Land Use for the Site and Adjacent Property
The General Plan Land Use Designation for the site is TravelRecreation Commercial (T-R)
which is established to identify sites for commercial uses which serve the travel and recreation
needs of tourists, residents, as well as employees of business and industrial centers. The zoning
designation for the site is Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q).
Restaurants are one of the permitted uses for the C-T zone. The qualified development overlay
zone requires the approval of a site development plan. The following table lists the general plan,
zoning and existing land use for the site and adjacent properties:
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SDP 97-24ICDP 97-45 - 1sLANDS RESTAURANT
August 5, 1998
Page 3
GENERAL PLAN EXISTING LAND USE ZONING
Site Denny’s Restaurant C-T-Q T-R
North T-R
Restaurant
Soup Andersen’s Hotel &
Chevron Gas Station & Pea C-T-Q
South
1-5 Offramps and Freeway T-C TC West
Mobil Gas Station C-T-Q T-R East
Jiffy Lube & Car Wash C-T-Q T-R
T-R (Travemecreation Commercial), TC (Transportation Corridor), C-T-Q (Commercial -Tourist, Qualified
Development Overlay Zone), T-C (Transportation Corridor)
Applicable Regulations
The proposed project is subject to the following plans, ordinances and standards as analyzed
within the following section of this staff report:
A.
€3.
C.
D.
E.
F.
G.
IV.
TravelRecreation Commercial (T-R) General Plan Land Use Designation;
Commercial - Tourist, Qualified Development Overlay Zone (C-T-Q);
Site Development Plan findings required by the Qualified Development Overlay Zone -
Carlsbad Municipal Code, Chapter 21.06, Section 21.06.020;
Comprehensive Land Use Plan for McClellan-Palomar Airport;
Mello I1 Segment of the Local Coastal Program and the Coastal Resource Protection
Overlay Zone - Carlsbad Municipal Code, Chapter 21.203;
Carlsbad Ranch Overlay Zone Urgency Ordinance (Urgency Ordinance No. NS-424); and
Growth Management Ordinance (Local Facilities Management Plan Zone 3).
ANALYSIS
The recommendation for approval for this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. Therefore, this section will
cover the project’s compliance with each of the regulations listed above in the order in which
they are presented.
SDP 97-24KDP 97-45 - l>LANDS RESTAURANT
August 5, 1998
Page 4
A. General Pian
The proposed project is consistent with the applicable policies and programs of the General Plan.
As indicated in the “Project Description and Background” section of this report the site is
designated as Travel/ Recreation Commercial on the General Plan Land Use Map. The proposed
use is in keeping with the land use designation as the proposed restaurant is located in an area
whereby it will serve the needs of tourists and residents, as well as employees of business and
industrial centers. The project has been conditioned to dedicate additional right-of-way for
Palomar Airport Road as required by Policy C.18 of the Streets and Traffic Control Section of
the General Plan Circulation Element.
B. Zoning
The project site is zoned C-T-Q (Commercial -Tourist, Qualified Development Overlay Zone).
The proposed restaurant is a permitted use by the C-T zone. The only development standard in
this zone is a base building height of 35 feet or three levels with allowed height protrusions to a
maximum of 45 feet. The zone contains provisions for building height to reach 45 feet with
allowed height protrusions to 55 feet if findings contained in the section are made by the City
Council. The proposed structure does not exceed a height of 21 feet and 6 inches at the top of
the parapet and equipment screening. The project complies with all zoning ordinance standards
applicable to the project as demonstrated in the following table:
STANDARD
L
REQUIRED PROPOSED
35 feet maximum I 21 feet, 6 inches maximum
63 spaces
addition to a portion of the
75.50 square feet of wall 75.50 square feet maximum in
77 spaces
service facility pole sign will facility pole sign
existing Denny’s freeway the existing freeway service
sign. The exact area of the freeway oriented signage on
signage on the existing pole total 250 square feet of
signage plus 72 square feet of
be used.
C. Site Deveiooment Plan Findings Required BY the 0-Overiav Zone
The Qualified Development Overlay Zone (Q-Overlay) which is part of the zoning designation
for the property requires that a site development plan be approved for the proposed use prior to
the issuance of any building permit. Four findings are required by the Q-Overlay Zone. The
required findings with justification for each are contained in the Planning Commission
Resolution for the site development plan. This section summarizes the necessary findings and
support for each.
As shown on the reduced exhibits, the requested use is properly related to the site, surroundings
and environmental setting as the project design complies with the requirements of the
Commercial Tourist (C-T) Zone. The building is setback a significant distance from lease lines
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SDP 97-24KDP 97-45 - I~LANDS RESTAURANT
August 5,1998
Page 5
and adjacent structures. The building is setback the following distances from the lease lines of
the site: 610 feet to the north; 750 feet to the east; 840 feet to the west; and 20 feet to the south.
A total of 21 percent of the site area will be landscaped. An additional 2,402 square feet of the
Caltrans right-of-way will be landscaped as a result of a landscaping lease agreement the
applicant has obtained with that agency and 607 square feet of city right-of-way will be
landscaped. The site is also adequate in size and shape to accommodate the use as all applicable
code requirements have been met including the parking requirement. A total of 14 spaces in
excess of the parking standard are included in the site design. Building coverage is proposed as
12.65 percent of the lease area of the site.
All features necessary to adjust the use to existing and permitted future uses will be provided. A
landscape hedge will be planted along the northern and western boundaries of the parking lot to
partially screen views of parked cars. Adequate vehicle circulation has been provided to
accommodate truck turning movements and driveway connections to the Mobile Gas Station site
to the east and the lube and tune, car wash, and Taco Bell to the south have been maintained.
The planned street system is adequate to handle all traffic generated by the use with the
exception of the cumulatively significant regional circulation impacts at buildout of the General
Plan due to regional through-traffic. This project is consistent with the General Plan and the
General Plan Master Environmental Impact Report for which a statement of overriding
considerations was adopted for circulation impacts. The site plan shows the area where
additional right-of-way will be dedicated along the south side of Palomar Airport Road to
accommodate a future 14 foot wide right turn only lane for eastbound Palomar Airport Road to
southbound Paseo Del Norte traffic.
D. Comprehensive Land Use Plan For McClellan - Palomar Airuort
The project site is located within the Airport Influence Area for McClellan - Palomar Airport.
The site is within the 60 CNEL noise contour for the airport. The property is approximately
9,200 feet (1.7 miles) west of the airport. The airport land use plan identifies the use as being
compatible with the noise levels for the site. The project plans were sent to SANDAG staff and
the Palomar Airport Manager for review and found to be in conformance with the airport land
use plan.
E. Mello I1 Seement Of The Local Coastal Proeram And The Coastal Resource
Protection Overlav Zone
As designed the project complies with the relevant policies of the Mello I1 Segment of the Local
Coastal Program (LCP) and the Coastal Resource Protection Overlay Zone (CMC Section
21.06.020). The project site has no coastal resources and is currently developed. Only a minor
amount of finish grading will be required to construct the project. As a result there are no project
issues relative to wildlife habitat preservation, deterrence of soil erosion by maintaining the
vegetative cover on steep slopes, and drainage improvements which the Coastal Resource
Protection Overlay Zone was established to address. Because there are no LCP policies or
Coastal Ordinance requirements that are not complied with, the Coastal Development Permit for
the project is recommended for approval.
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SDP 97-24lCDP 97-45 - IJLANDS RESTAURANT
August 5, 1998
F. Carlsbad Ranch Overlav Zone Ureencv Ordinance
The Carlsbad Ranch Overlay Zone Urgency Ordinance applies to an area generally bordered by
Cannon Road on the north, Poinsettia Lane on the south, Hidden Valley Road and Aviara
Parkway on the east, and Carlsbad Boulevard on the west. The urgency ordinance contains no
additional development or design standards. The effect of the urgency ordinance is to require
commercial projects subject to Planning Commission review to undergo City Council review and
approval. In compliance with the urgency ordinance the Planning Commission will be making a
recommendation to the City Council on the project instead of taking the final action as would be
the case in absence of the ordinance.
G. Growth Manaeement Ordinance lLFMP - Zone 3)
The proposed project is located within Local Facilities Management Zone 3 in the southwest
quadrant. The impacts on public facilities created by this project and compliance with the
adopted performance standards are summarized as follows:
FACILITY COMPLIANCE WITH IMPACTS
STANDARDS
City Administration
Yes 33 EDU Wastewater Treatment
Yes NIA Library
Yes NIA
Capacity
Parks I N/A I Yes ~ ..
Drainage
Yes Payment of non-residential Schools
Yes NIA Open Space
Yes Station 4 Fire
Yes 1,023 ADT Circulation
Yes Basin C
school fee at bldg. permit
issuance
Sewer Collection System
Yes 33 EDU Water Distribution System
Yes 33 EDU
V. ENVIRONMENTAL REVIEW
The project has been determined to be categorically exempt from CEQA pursuant to Section
15302. The exemption is for the replacement or reconstruction of existing structures and
facilities where the new structure will be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the structure replaced.
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SDP 97-24KDP 97-45 - IOLANDS RESTAURANT
August 5, 1998
Page 7 -
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
DNdch
Planning Commission Resolution No. 4338 (SDP 97-24)
Planning Commission Resolution No. 4339 (CDP 97-45)
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Form
Reduced Exhibits
Exhibits “A” - “K, dated August 5, 1998
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BACKGROUND DATA SHEET
CASE NO: SDP 97-24lCDP 97-45
CASE NAME: Islands Restaurant
APPLICANT: Islands Restaurant L. P.
REQUEST AND LOCATION: Demolition of an existing Denny’s Restaurant and construction of an
Islands Restaurant on a lease area of approximately 0.93 acres located on the south side of Palomar
Airport Road east of the northbound I-5Palomar Airport Road offramp.
LEGAL DESCRIPTION: A portion of Lot “H of Rancho Anua 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 Countv Recorder of San Diego County. November 16,1896.
AF’N: 21 1-050-01 Acres: 0.93 Proposed No. of LotslUnits: NIA
GENERAL PLAN AND ZONING
Land Use Designation: T-R (TravelRecreation Commercial)
Density Allowed: N/A Density Proposed: NIA
Existing Zone: C-T-0 Proposed Zone: N/A
Surrounding Zoning and Land Use: (See attached for information on Carlshad’s Zoning Requirements)
Zoning General Plan Land Use
Site C-T-Q T-R Denny’s Restaurant
North C-T-Q T-R Chevron Gas Station & Pea
Soup Andersen’s Hotel &
Restaurant
South C-T-Q T-R Jiffy Lube & Car Wash
East C-T-Q T-R Mobil Gas Station
West T-C T-R 1-5 Ofimps & Freeway
~ ~~
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlshad
Equivalent Dwelling Units (Sewer Capacity): 33
Public Facilities Fee Agreement, dated: June 24, 1998
ENVIRONMENTAL IMPACT ASSESSMENT
0 Negative Declaration, issued
0 Certified Environmental Impact Report, dated
Other, Prior Comdiance with MEIR 93-01
28
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CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Islands Restaurant - SDP 97-241CDP 97-45
LOCAL FACILITY MANAGEMENT ZONE: 2 GENERAL PLAN: T-R
ZONING: C-T-0
DEVELOPER'S NAME: Islands Restaurant. L.P.
ADDRESS: 101 N. Acacia. SolanaBeach. CA 92075
PHONENO.: 619-350-1891 ASSESSORS PARCELNO.: 211-050-01
QUANTITY OF LAND USEAIEVELOPMENT (AC., SQ. FT., DU): 0.93 acres, 51 16 sa. ft.
ESTIMATED COMPLETION DATE:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = N/A
Library: Demand in Square Footage = N/A
Wastewater Treatment Capacity (Calculate with J. Sewer) 33 EDU
Park: Demand in Acreage = N/A
Drainage: Demand in CFS = NIA
Identify Drainage Basin = C
(Identify master plan facilities on site plan)
Circulation: Demand in ADT = 1.023
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 4
Open Space: Acreage Provided = N/A
Schools: N/A
(Demands to be determined by staff)
Sewer: Demands in EDU 33
Identify Sub Basin = VC15
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD = 7.260
The project is not proposing any dwelling units thereby not impacting the Growth
Management Dwelling unit allowance.
a?
DISCLOSURE STATEMENT
' hPfiCant'6 statement or discloawe of cenain ownership interests on all
pppfications which will require discretionary aotion on the pan of the City
' Council or any appointed Board. Commission or committee.
, (;ENERAz,PARTNER anth-er 1550 Bayside Drive, Corona Del Mar, Cb, 92625 -
JO~ Wagner -. 8440 walnut Hill Lane, %e,. 800, JWias, ?5231
I
2. &tely 200 individuals mne of whm own 10% or more
List the names and addresses of all persons having any ownership interest in the ~
properti. involved.
Rav and Barbara winter, &ustees 1745 Rocky Road,. Fullerton, CA 92831; Ray & Barbara Winter Rvst dated Ma 15 1981
..
!
I
i !
!
! I
3. If any Person identifid pursuant to 11) or t2) above is a corporation or partnership, 1
list thejnarnes and addresses of all individuals owning more than lO%.of the shares 1
in the {orPoration or owning any partnership interest in the partnership.
Knthonv mazier 1550 Bayside Drive, Corona del Mar, G 92625
John Wagner 8440 walnut Hill ~ane, Ste. 800, Da+, 7:
- ._ ..
,
4. If any eerson identified pursuant to (1) or (2) above is a non-profit organization or a ~
the names and address c-ofning as officer or director of
organization or as ustee r benefictary f the trust.
Ray W. Winted, Trustee \/ as above
Barbara E. winter, Trustee
Ray R. Winter Family
!
ii
1 1909 Meadow Road, Walnut Creek, CA 94595-2633
Duane A, Rodriquez-Winter Family- 7328 Darr St., Toledo, OH 43615
1 :i
Beneficiaries :I
5. Have yau had more , $250 wonh of business transa" with any member of
City staff, Boards, C .missions, Committees and/or Coun...t within the past twelve
(1 2) months?
0 Yes a No If yes, please indicate personk):
Signature of o+ner/date
I BY: seneca partners, Inc. , its' General
1S1and.s Restaurants, L.P.
By: 9 F. mllw
Print or type n+ne of owner =&e name of apflicant
I
I
Disclosure Statement 10196
I
...
..
I
I
33
t >-.#I
B
r
\
EXHIBIT 5
5.
for a Site Development Plan and Coastal Development Permit for the demolition of an exlstlng
SDP 97-24/CDP 97-45 - ISLANDS RESTAURANT - Request for a recommendation of approval
Denny's Restaurant and construction of an Islands Restaurant on a lease area of approxlmately
Airport Road offramp in the Coastal Zone and Local Facilities Management Zone 3.
0.93 acres located on the south side of Palomar Airport Road east of the northbound I-5/Palomar
Assistant Planning Director, Gary Wayne, introduced this item and stated that Senior Planner, Don Neu
would present the staff report.
Project Planner, Don Neu, presented the staff report and described the project through a series of
overhead projections as follows: The site is located on the south side of Palomar Airport Road immediately
adjacent to the northbound Interstate 5 offramp. There is a Denny's restaurant, which is quite outdated,
which presently occupies the site and includes paved parking, landscaping, and a freeway facility pole
sign containing a number of signs for the freeway service uses at that immediate corner. North of the
property is a Chevron gas station, Pea Soup Andersen's Hotel and Restaurant, an existing Jiffy Lube and
Car Wash to the immediate south, a Mobile gas station to the east and the freeway offramp to the west.
The proposed project will demolish the existing 4,900 square foot structure and replace it with an Islands
Restaurant of approximately 5,100 square feet. The corner contains a number of lease parcels of which
this lease is .93 acres and the project proposes a total Of 77 at-grade or surface parking spaces.
Presently existing are driveway connections to the properties to the south and the east and they would be
maintained with the project. The existing signage space on the freeway pole sign, presently used by
Denny's, will be replaced with Islands signage in the Sign structure. Part of this project is a condition of
approval requiring additional dedication along the property's frontage along Palomar Airport Road. The
proposed building materials will allow the island theme to be accomplished and the landscaped areas will
which they will also landscape and maintain and which is consistent with some of the standards that the
total 21% of the site. The applicant has obtained a lease from Caltrans for area outside the project area
TravellRecreationlComrnercial in the General Plan and the proposed use is consistent with that land use
City has been considering for the 1-5 corridor. The project site is designated
designation and also with numerous policies contained in the General Plan. The site is zoned
Commercialmourist with a qualified development overlay zone modifier. That requires the approval of a
Site Development Plan. The zone allows building heights of 35 feet with provisions to go to 45 feet with
additional setback and landscaping improvements. However, this building is proposed for a height of only
21' 6" A total of 63 parking spaces is required while the project is proposing 77 spaces. The total
signage allowed is slightly over 75 sq. ft.. which the project proposes to use in its entirety, with two wall
factors including the project's compliance with the CT zone, the building setback from the lease lines
signs and the pole sign. Findings can be made for the Site Development Plan based on a number of
although there are no setback requirements in the CT zone, the significant amount of landscaping both on
and off-site, and the excess parking over the code requirement. The applicant and his landscape architect
have worked extensively with the City to provide screening of the parking area through the use of various
landscape materials and hedge plantings along the northern and western boundaries of the site. The
connections to the adjacent businesses will remain open. The project is also subject to the Palomar
Airport Comprehenslve Land Use Plan and does fall within the 60 CNEL noise contour. The site is
approximately 9,200 feet west of the airport and is a compatible use with the noise levels on the site. The
project is within the Mello I1 Segment of the Coastal Zone and as the site is presently developed, there are
no coastal resources on the properly to be impacted, and therefore findings could be made to approve a
Coastal Development Permit. One unique characteristic of the area is the application of the Carlsbad
standards. However, it does require that the project be forwarded to the City Council, with a
Ranch Urgency Ordinance Overlay Zone and at this time, that zone contains no additional development
recommendation from the Planning Commlssion, for final disposition. The site is located in Local Facilities
Management Zone 3 and is in compliance with all of the requirements of that facilities plan. Regarding the
envlronmental review, it has been determined to be categorically exempt from CEQA. Staff is
recommending that the Planning Commission adopt the proposed resolutions that would recommend
approval of the Site Development Plan and the Coastal Development Permit.
MINUTES 3h
-
PLANNING COMMlSSlOlu August 5. 1998 Page 17
Nancy Patterson, 1049 Camino Del Mar, #11. Del Mar. representing the applicant, Islands Restaurant.
stated that the only real change in the site plan is that the buildmg will be relocated to a spot further to the
south on the existing site to allow for more parking spaces than required and also some additional
landscaplng.
Commissioner Compas asked Ms. Patterson when the project is expected to be completed. assumlng the
project is approved.
Ms. Patterson replied that they would like to start construction sometime between October 1, and October
15, 1998.
Chairperson Noble opened Public Testimony and offered the invitation to speak.
of the proposed project, stated that his business will be severely impacted by the building being relocated
Dick Hynan. 6021 Paseo del Norte, Carlsbad, owner and operator of Jim Lube located immediately south
to the rear of the site. He contends that his wall sign, which is currently somewhat difficult to see, will be
additionally obscured. He pointed out that his is one of two business that have no street frontage and they
across the Denny's property. Other than those two accesses, Mr. Hynan stated that they rely on a certain
are reliant on the ingress and egress from a driveway on Paseo del Norte and a dedicated easement
the importance of visibility by pointing out that when his business first opened, in 1995, the Jiffy Lube sign
amount of visibility from both streets for the success of the businesses. Mr. Hynan gave an example of
was located on the front of the building facing east. The result was low visibility, at best, and when the
sign was relocated to the north wall of the building, business increased dramatically. In addition to
some of the landscaping will.also interfere with the visibility. Additionally, Mr. Hynan stated that there is
believing that the relocation of the building will result in visual obscurity, Mr. Hynan is also concerned that
currently 360" circulation around the Denny's building and by locating the new building back to the south
property line, circulation will be restricted. His concern, regarding circulation, is that when Island's
way around the building, they will be forced to enter the already congested driveway area at Jiffy Lube.
customers find that there is no parking available at the rear of the building, and are unable to get all the
the visibility issue.
Mr. Hynan urged the Commlssion to give Juffy Lube and the Car Wash some consideration with regard to
Chairperson Noble asked if the north facing sign is visible from the southbound lane of 1-5
Mr. Hynan replied that the sign is probably not visible from the freeway but that the majority of the visibility
IS from the eastbound lanes on Palomar Airport Road.
Commissioner Heineman asked if Mr. Hynan has considered another spot where his signage might be
more visible.
Mr. Hynan replied that the sign has already been moved from the east wall to the north wall, which
see the advertising, they have trouble finding the business. Mr. Hynan went on to suggest that perhaps
resulted in a major improvement. However, the biggest complaint from customers is that although they
there could be a small monument sign, at the Islands driveway, indicating that there are two business
immediately adjacent to the restaurant, to the south.
south of the project, stated that his concerns (in addition to those expressed by Mr. Hynan) are with
David Leftin. 6019 Paseo del Norte. Carlsbad, owner and operator of Palomar Car Wash also immediately
demolition and construction Issues. He asked how they propose to deal with traffic, specifically with
construction vehicles during the construction period. He pointed out that ingress and egress is already
very congested during peak business hours and he fears that construction vehicles will only add to the
congestion problem. Mr. Leftin reiterated Mr. Hynan's comments regarding visibility or the lack thereof.
Mr. Leftin asked if it would be possible to add Islands to the Jiffy Lube and Car Wash directional sign
located on Paseo del Norte and in return, add Jiffy Lube and Car Wash to the Islands directional sign on
PLANNING COMMlSSlOFi
.- -
August 5. 1998 Page 12
Palomar Atrport Road. He also expressed concern regardtng the landscaping. at Its maturtty. and whether
or not that landscaping will further impact the visibility of the previously mentioned signage He also asked
how Islands is golng to control the dust during construction.
Commlssioner Monroy asked Mr. Leftin what percentage of his customers exit his business through the
Denny's easement.
through that easement to avoid having to make a left turn onto Paseo del Norte.
Mr. Leftin stated that he could not quote percentages but that the majority of eastbound customers exit
Ms. Patterson responded to the concerns of Mr. Hynan and Mr. Leftin as follows:
1. As shown on the exhibit, there is an existing wing wall on the west face of the Denny's
building which minimally restricts some of the visibility, but will not exist on the Islands
east and is only 6 inches higher than the existing structure. It is believed that the new
building. In addition, the Islands building will be located approximately 5 feet further to the
discussed during a telephone conversation with Mr. Hynan, Islands cannot do anything
placement of the building will actually improve visibility to the businesses to the south. As
about the signage issue, as it is more of a City issue.
2. Regarding the directional signage at the rear of the building, Islands will not be
landscaping all the way up to that sign and it will remain clearly visible.
3. The easement is going to remain open
4.
leave the site only at the Palomar Airport Road exit. The demolition will only be for a very
Regarding traffic during construction, there will be a Haul Route Permit and trucks will
short time and every effort will be made to make minimize the dust resulting from both the
demolition and the new construction.
5. The signage on the Car Wash tower (which is much higher than the Islands building will
be) is very visible from the freeway as well as from Palomar Airport Road and Paseo del
Norte.
Commissioner Compas asked if the entrance and easement from Palomar Airport Road will be closed
during demolition and, if so, for how long.
Ms. Patterson replied that it will have to be closed because they are taking out the paving as well as the
structure. Demolition will take 7 days and construction will take approximately 90 days. The easement
will remain open but will not be paved for at least 45 days.
Chairperson Noble asked for the approximate mature height of the landscaping
Ms. Patterson replied that the screening will be in the form of a hedge to block visibility of parked cars
from the freeway. Along Palomar Alrport Road there will also be a hedge and some trees. The majority of
the plantings will be of a troptcal nature, the tallest of which may be 15 feet in height at maturity. The
hedges will be approximately 30 inches at maturity.
Commissioner Compas asked if Islands would be willing to give up some of their allotted signage space in
order to have a monument sign.
Ms. Patterson replied that they only have 2 wall signs (above the entrance) and 1 existing pole sign and,
work with them regarding some type of directional sign, they certainly would be willing to discuss a
in essence, there is no more square footage available to give up. She stated that if the City is willing to
possible solution that will be of benefit to all.
PLANNING COMMISSIOI, August 5. 1998 Page 13
Regarding the temporary closure (7 days) of the easement during demolitlon. Mr. Leftln stated that he
would lose 50% of his busmess durlng that 7 days and asked how that can be avolded.
Mr. Wayne stated that the easement will be closed for longer than 7 days and is as it should be durmg
demolitlon and construction. There are safety liabilities that have to be taken Into consideration He
likened the closing of the easement to that of Street ClOSUreS when there IS major constructlon or
demolition. Mr. Wayne conceded that it will be inconvenient but that it is absolutely necessary to have that
easement closed for quite a bit longer than 7 days.
to erect temporary directional signage to their places of business.
Chairperson Noble asked if it would be possible to get permission from the City for the affected business
Mr. Wayne reminded the Commission that this restaurant is a freeway facility which is governed by a
certain section of the Municipal Code for signs. Off-site signs are not allowed in the City which keeps
billboards out of Carlsbad. Technically, exchanging signs from one lot to another amounts to off-site
signage.
Mr. Leftin pointed out that the easement is not an auxiliary entrance to his business but is. in fact, the main
entrance to his business.
Seeing no one else wishing to testify, Chairperson Noble closed Public Testimony
the existing sign for Taco Bell, the Car Wash, and Jiffy Lube is governed by one of the City's uniform sign
Regarding the signage. Mr. Neu stated that he and Mr. Hynan spent some time looking at this issue and
been used. In order to accomplish any signage trading, there would have to be a reduction of signage on
programs which governs signage on that entire site. At this time, their allotment of square footage has
some other existing facility. As pointed out by Mr. Wayne, Mr. Neu acknowledged that off-site signs are
not allowed except in the case of a community directional sign in a Master Plan or Specific Plan. In this
case, the corner is rather unique in that each site has individual lease lines on one large parcel and has
only one owner. Mr. Neu pointed out that in order to have such a common directional sign, each individual
agreed with Mr. Wayne's assessments regarding the closure of the easement, the traffic, and safety.
business would have to be willing to allocate some of their sign allotment to such an effort. Mr. Neu
Commissioner Monroy. for clarification, asked what a motorist is expected to do after he enters the Islands
parking lot and finds no available parking. He expressed concern that someone unfamiliar with the
property could possibly be trapped and create a traffic problem. He also asked if there is going to be a
sign (an arrow) directing people to the parking area.
Mr. Neu stated that it is expected that most people would turn right and go around the west side of the
building, turn around, and come back to the entrance. As for a directional sign for parking, the signage
allotment has already been exhausted.
Commissioner Monroy clarified his question by stating that he was asking if there will be a slgn, in the
shape of an arrow, that merely says PARKING, which will be installed near the entrance to the parking lot.
Mr. Neu replied that there is nothing of that nature planned at this time.
Commissioner Monroy stated that maybe a sign of that nature should be encouraged.
Mr. Neu stated that the current circulation pattern allows traffic to travel completely around the Denny's
building but when the Islands building is complete, that 360" pattern will cease to exist and motorists will
no longer be able to make a loop around the building.
MINUTES 3 9
.-
PLANNING COMMISSIOh August 5, 1998 Page 12
demolition and construction and stated that he would favor some type of temporary dlrectlonal stgnage to
Commlssloner Compas stated his concern for the welfare of the busmess affected by thls projects
those buslnesses.
Commissioner Welshons stated that she understood, by previous statements made by Mr. Wayne and Mr
Neu. that it might be possible to make a case in favor of a monument sign. She suggested that if the
suggestion based on the testimony this evening, to provide additional directional informatlon in the form of
Commlssion can approve this project they should attach a Minute Motion, to the City Council. with a
a monument sign.
Commissioner Monroy expressed his concern that although it is not the intent, the perception IS that the
that there should be more flexibility in order to accommodate the suggestions on how to handle a difficult
City is not concerned with the problems of the other businesses adjacent to the project site. He suggested
existing situation.
Commissioner Compas asked for staffs opinion regarding temporary directional signage
Mr. Rudolf suggested that the Commission approve or disapprove this project, as presented, and make a
minute motion to request that the City Engineer or Fire Chief, or whoever is responsible for the access to
the site during construction, use his or her discretion to allow signage that would indicate that the
easement is temporarily closed during construction and put up a little map or something to show how to
get from one place to another, unless it is prohibited.
Commissioner Heineman stated that he believes that it is incumbent upon the City to go the extra mile, in
this case, to make sure that the adjacent businesses don't go out of business. He further stated that thls
is a terrible situation and it should be remedied in any way possible.
"
ACTION: Motion by Commissioner Welshons, and duly seconded, to adopt Planning
Commission Resolutions No. 4338 and 4339, recommending approval of SDP
97-24 and CDP 9745, based upon the findings and subject to the conditions
VOTE:
contained therein.
AYES:
7-0
Noble, Heineman. Savary, Monroy, Welshons. Compas, and Nielsen
NOES: None
ABSTAIN: None
MINUTE MOTION:
ACTION: Motion by Commissioner Welshons. and duly seconded, to request that the City
construction, use his or her discretion, unless it is prohibited, to allow temporary
Engineer, or Fire Chief, or whoever is responsible for the access to the site during
directional signage that would indicate that the easement is temporarily closed
during constructlon. to indicate an alternate route to the businesses located south
of the project.
VOTE: 7-0
AYES:
NOES: Noble, Heineman. Savary. Monroy. Welshons. Compas. and Nielsen
ABSTAIN:
None
None
PLANNING COMMISSION COMMENTS:
None
PROOF OF PUBLIC 'ION
-~
(2010 8 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer of
North County Times
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudged newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Sept. 4, 1998
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this 4th day
of Sept. 1998
Sn Marcos
Signature
NORTH COUNTY TIMES
Legal Advertising
This space jt ,r the County Clerk's Filing Stamp
-
Proof of Publication of
hlbl.ic Hearing
"""""""""""""
TO: CITY CLERK'S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUESl
Attached are the materials necessary for you to notice
SDP 97-24/CDP 97-45 - Islands Restaurant
for a public hearing before the City Council.
Thank you.
August 18, 1998
Date
- -
NOTICE OF PUBLIC HEARING
SDP 97-24iCDP 97-45 - ISLANDS RESTAURANT
DESCRIPTION:
COMPLETE DATE: May 21, 1998
Request for a Site Development Plan and Coastal Development Permit for the demolition of an existing
Denny’s Restaurant and construction of an Islands Restaurant on a lease area of approximately 0.93 acres
on property generally located at the south side of Palomar Airport Road east of the northbound I-5iPalomar
Airport Road offramp in the Coastal Zone and Local Facilities Management Zone 3.
LOCATION
This project is witbin the City of Carlsbad’s Coastal Zone on property generally located at the south side of
Palomar Airport Road east of the northbound 1-5Palomar Airport Road offramp in the Local Facilities
Management Zone 3.
LEGAL DESCRIPTION:
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.
APPLICANT: Islands Restaurant, L.P., 101 N. Acacia, Solana Beach CA 92075
A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, on September 15, 1998 at 6:OO p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written
comments they may have regarding the project. The project will be described and a staff recommendation given,
followed by public testimony, questions and a decision. Copies of the staff report will be available on or after
September 11, 1998.
If you have any questions, or would like to be notified of the decision, please contact Don Neu at the City of
Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:OO p.m. at
2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-1161, extension 4446.
APPEALS
If yon challenge the Site Development Plan or Coastal Development Permit in court, you may be limited to raising
correspondence delivered to the City of Carlsbad City Clerk’s Office prior to the public bearing.
only those issues you or someone else raised at the public hearing described in tbis notice, or in written
1. Auueals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in
writing within ten (10) calendar days after a decision by the Planning Commission.
2. Coastal Commission Appealable Project:
0 This site is located within the Coastal Zone Appealable Area. rn This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission
within ten (10) working days after the Coastal Commission bas received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude.
The San Diego office of the Coastal Commission is located at 3 11 1 Camino Del Ria North, Suite 200, San Diego,
California 92108-1725.
PUBLISH: September 4,1998
APPLICANT: Islands Restaurant
CARLSBAD CITY COUNCIL
- -
.- . ~ ~ ~~~ ~~~ ~~~~~~~~~ ~ .. ~~~ ~ ___
CARLSBAD UNIF SCHOOL DIST ' CITY OF ENCINITAS ' CITY OF SAN MARCOS
801 PINE AVE 505 S WJLCAN AVE 1 CIVIC CENTER DR
CARLSBAD CA 92008 ENCINITAS CA 92024 SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
REGIONAL WATER QUALITY
STE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
2730 LOKER AVE WEST
CARLSBAD CA 92008
1 1-
1 CITY OF VISTA CALIF DEPT OF FISH & GAME
~. ~~~~~ ~~. ~ . . ~~~ ~ ~ ~ ~~ "~ ~~~~~~ ~ ~
PO BOX 1988 STE 50
~ VISTA CA 92085 330 GOLDENSHORE
LONG BEACH CA 90802
~~ ~ ~~~~ ~ ~~~~~ ~ ~~~~~~~ ~ ~~ ~~~~~~ . . ~~~~~~~ ~~~
' SD COUNTY PLANNING SANDAG
STE B STE 800
5201 RUFFIN RD 401 B STREET
SAN DIEGO CA 92123 SAN ,DIEGO CA 92101 , i ~ ~~~ ~~~~~~~~~~~ ~ ~~ ~~~ ~~~~~
i 9150 CHESAPEAKE DR
! SAN DIEGO CA 92182-4505
~ AIR POLLUTION CNTRL DIST ' SAN DIEGO CA 92123 I
~ ~~ ~~ ~ I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
~~~ ~~~~ ~~~~~~~~~~~~~~ ~~ ~~~~~~ ~ ~ .. ..
~~ ~~ ~ ~ ~~
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT
.
~~
CITY OF CARLSBAD
~ ~~~~~ " . . ~ ~~ ~.~ ~ ~~.
CITY OF CARLSBAD
PUBLIC WORKS/CO"UNITY MUNICIPAL WATER DISTRICT
SERVICES
PROJECT PLANNER
DON NEU
~~~ ~ ~~~~
PRENTISS PROPERTIES SUITE 550
970 W 190TH ST TORRANCE CA 90502
C B RANCH ENTERPRISES
5600 AVENIDA ENCINAS SUITE 106
CARLSBAD CA 92008
PAUL HADLEY P 0 BOX 12727 PALM DESERT CA 92255
JAMES GAlSER 3340 RIDGECREST DR CARLSBAD CA 92008
PACIFIC SALES 6100 PASEO DEL NORTE
CARLSBAD CA 92009
RAY WINTER
FULLERTON CA 92831 1745 ROCKY RD
CARLSBAD PROPERTIES INC
520 S VIRGIL AVE LOS ANGELES CA 90020
CABOT INDUSTRIAL 60202 AVENIDA ENCINAS CARLSBAD CA 92009
RICHARD WILLIAMS P 0 Box 177"~~
SAN LUIS REY CA 92068
JCM TOM CO 1524 WRCAS ST
SAN DIEGO CA 921 10
DEALY FAMILY TRUST ~ POBOX5
SOLANA BEACH CA 92075
CARPRENTERS PENSION 520 S VlRGlL AVE LOS ANGELES CA 90020
FERMONI NV SUITE 1 2726 SHELTER ISLAND DR SAN DIEGO CA 921 06
RAY WINTER
FULLERTON CA 92831 1745 ROCKY RD
RAY WlNTER P 0 BOX 290 DALLAS TX 75221
OCCUPANT OCCUPANT
CARLSBAD CA 92009
889 PALOMAR AIRPORT RD 899 PALOMAR AIRPORT RD OCCUPANT
6017 PASEO DEL NORTE CARLSBAD CA 92009 CARLSBAD CA 92009
- City of Carlsbad
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:OO p.m. on Wednesday, August 5, 1998, to consider a request for a
recommendation of approval for a Site Development Plan and Coastal Development
Permit for the demolition of an existing Denny’s Restaurant and construction of an
Islands Restaurant on a lease area of approximately 0.93 acres on property generally
located at the south side of Palomar Airport Road east of the northbound I-5/Palomar
Airport Road offramp in the Coastal Zone and Local Facilities Management Zone 3 and
more particularly described as:
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
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the staff report will be available on and after July 30, 1998. If
you have any questions, please call Don Neu in the Planning Department at (760) 438-
1 161, extension 4446.
If you challenge the Site Development Plan and Coastal Development Permit in court,
you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of
Carlsbad at or prior to the public hearing.
CASE FILE: SDP 97-24/CDP 97-45
CASE NAME: ISLANDS RESTAURANT
PUBLISH: JULY 23, 1998
CITY OF CARLSBAD
PLANNING DEPARTMENT
2075 La Palmas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894 @
September 21,1998
Islands Restaurant, LP
101 North Acacia
Solona Beach, CA 92075
RE: SITE DEVELOPMENT PLAN NO. 97-24lCOASTAL DEVELOPMENT PLAN 97-45
Enclosed for your records are copies of Council Agenda Bill No. 14,850 and Council
Resolution No. 98-309 which were approved by the Carlsbad City Council on
September 15, 1998.
If you have questions regarding this project please call Mr. Don Neu in the Carlsbad
Planning Department, at (760) 438-1 161 extension 4446.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive Carlsbad. California 92008-1989 (760) 434-2808 @