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HomeMy WebLinkAbout2002-01-22; City Council; 16530; King's Fish HouseCITY OF CARLSBAD -AGENDA BILL AB# &,,530 TITLE: MTG. I -aa-OJ CUP 01-06/CDP 01-18 KING’S FISH HOUSE DEPT. PLN 4 RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 200 a -0 38 , ADOPTING a Negative Declaration and APPROVING CUP 01-06 and CDP 01-18 as recommended for adoption and approval by the Planning Commission. ITEM EXPLANATION: Project application(s) To be Reviewed - Approvals Reviewed by and Administrative Final at Council Commission Final at Planning Environmental Review X Site Development Plan Amendment X Coastal Development Permit X Conditional Use Permit X On December 19, 2001, the Planning Commission conducted a public hearing and recommended adoption of the Negative Declaration and approval of CUP 01-06 and CDP 01-18 and approved SDP 80-1 1 (D) for King’s Fish House (7-0 vote). The project site is located on the west side of Paseo Del Norte, north of Palomar Airport Road and south of Car Country Drive, just north of Holiday Inn, in the C-T-Q Zone and the CommercialNisitor Serving Overlay Zone and in Local Facilities Management Zone 3. The development proposal would allow for the construction of an 8,830 square foot restaurant. The project is located in the CommercialNisitor Serving Overlay Zone and therefore requires approval of a Conditional Use Permit (CUP) by the City Council. The project is also within the Mello II segment of the Local Coastal Program and the City has permit authority of the Coastal Development Permit. The Site Development Plan Amendment was to revise the Holiday Inn parking lot to accommodate the restaurant and that action was final at the Planning Commission. The T-R (Travel-Recreation) General Plan Land Use Designation supports this type of use along the freeway to serve the travel and recreation needs of tourists, residents, and employees of business and industrial centers. As summarized in the staff report, the project complies with all applicable development standards of the C-T zone and CommercialNisitor Serving Overlay Zone with regard to parking, signage, building height, setbacks, lighting, landscaping, and standards that apply specifically to restaurants. The project has been designed in the “Alternative” architectural style and features high-quality design and detailing consistent with the overlay zone requirements. The project was reviewed and supported by the City Council and the Community Development Director at the conclusion of the pre-filing xocess. The CUP and overlay zone findings for approval of the project can be made and are Jutlined in detail in the staff report and resolutions. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act :CEQA). The initial study prepared in conjunction with the project determined that no significant mpacts could be created as a result of the project. In consideration of the foregoing, a Negative 3eclaration was issued by the Planning Director on July 24, 2001. PAGE 2 OF AGENDA BILL NO. b, 53O FISCAL IMPACT: All public facilities required to serve the project will be constructed prior to or concurrent with development as mandated by Local Facilities Management Plan for Zone 3. Since these improvements will be constructed by the developer, no negative fiscal impacts will be incurred by the City. The applicant will be responsible for frontage improvements along Paseo Del Norte. GROWTH MANAGEMENT STATUS: Local Facilities Management Plan NIA Growth Control Point 3 NIA Special Facilities NIA Net Density EXHIBITS: 1, City Council Resolution No. Ada -0 38 2. Location Map 3. Planning Commission Resolutions No. 5100, 5101 and 5102 4. Planning Commission Staff Report dated December 19, 2001 5. Excerpts of Planning Commission minutes dated December 19, 2001. 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 21 28 RESOLUTION NO. 2002-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEVELOPMENT OF A RESTAURANT ON PROPERTY GENERALLY LOCATED AT THE WEST SIDE OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT ROAD AND SOUTH OF CAR COUNTRY CARLSBAD IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: KING'S FISH HOUSE CASE NO.: CUP 01-OWCDP 01-18 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on December 19, 2001. the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Negative Declaration, Conditional Use Permit and Coastal Development Permit to allow for the development of a restaurant, and adopted Planning Commission Resolutions No. 5100, 5101 and 5102 recommending to the City Council that the Negative Declaration be adopted and that the Conditional Use Permit and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of JANUARY , 2002, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Negative Declaration, Conditional Use Permit, and Coastal Development Permit; and 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 adoption of the Negative Declaration and approval of Conditional Use Permit 01-06 and Coastal Development Permit 01-18 are adopted and approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5100, 5101, and 5102 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 1 1 - 4 c - t i e 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “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 o Carlsbad on the 22nd day of JANUARY , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ATTEST: 4 (SEAL) 1 -2- EXHIBIT 2 KING’S FISH HOUSE CUP 01-OG/CDP 01-18 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION TO CONSTRUCT A RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT ROAD AND SOUTH OF CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: KING’S FISH HOUSE CASE NO.: CUP 01-06/CDP Ol-l8/SDP 80-ll(D) WHEREAS, King’s Seafood Company, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carpenter’s Pension Trust for Southern California, a California Corporation, “Owner,” described as a portion of Parcel 2 of parcel map no. 11284, in the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed in the Ofice of the County Recorder of San Diego County, May 11, 1981 and a portion of Parcel 4 of Carlsbad Tract No 92-07, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13078, filed in the Office of the County Recorder of San Diego County, December 28,1993 (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 19th day of December, 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, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: d’ 1 2 3 4 5 6 7 8 9 la 11 12 13 14 1s 16 17 18 1s 2c 21 22 22 24 25 2f 2; 2z A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration according to Exhibit "ND" dated July 24, 2001, and "PII" dated July 18, 2001, attached hereto and made a part hereof, based on the following findings: Findings: 1. ... ... 1.. ... ... ... ... ... ... ... ... ... The Planning Commission of the City of Carlsbad does hereby find: A. It has reviewed, analyzed and considered Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and B. The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and C. It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and D. Based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RES0 NO. 5100 -2- 7 1 2 3 4 5 6 7 e 5 1c 11 12 12 14 15 16 17 18 15 2c 21 22 2: 21 25 2t 2’ 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of December 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: JEFMN. SEGALL, chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H&MILL%R Planning Director I PC RES0 NO. 5100 -3- 8 ~ City of Carlsbad NEGATIVE DECLARATION Project AddresdLocation: West side of Paseo Del Norte, north of Palomar Airport Rd., south of Car Country Drive and adjacent and east of Interstate 5. Project Description: The project consists of constructing a 9052 square foot restaurant with 139 surface parking spaces on two acres. Project also includes the reconfiguration of the Holiday Inn northern parking lot, street vacation (cul-de-sac bulb) of Anderson Way, construction of a water retention basin for water quality purposes and an adjustment plat. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: JULY 24,2001 CASE NO: CUP 01-06/CDP 01-18ISDP 80-ll(D) CASE NAME: KING’S FISH HOUSE PUBLISH DATE: JULY 24,2001 Planning Director 9 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 CASE NO: CUP 01-06iCDP 01-181 SDP 80-1 1(D) DATE: July 18.2001 BACKGROUND 1. CASE NAME: KING’S FISH HOUSE 2. APPLICANT: Gam Maveda 3. ADDRESSES AND PHONE NUMBER OF APPLICANT: 100 West Broadway. Suite 550, Long Beach. CA 90802 4. DATE EIA FORM PART I SUBMI’lTED: May 3.2001 5. PROJECT DESCRIPTION: Construction of a 9052 sauare foot restaurant with 139 surface parking soaces on two acres located on the west side of Paseo Del Norte, north of Palomar Airport Rd.. south of Car Countrv Drive and adjacent and east of Interstate 5. Proiect also bulb) of Anderson way, construction of a water retention basin and an adjustment olat. includes the reconfieuration of the Holiday Inn northern oarking lot. street vacation (cul-de-sac SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, Unless Mitigation Incorporated” as indicated by the checklist on the following pages. involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Land Use and Planning TransportatiodCirculation 0 Public Services 0 Population and Housing 0 Biological Resources OUtilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources [XI Air Quality 0 Noise 0 Recreation 0 Mandatory Findings of Significance 1 Rev. 03/28/96 /D DETERMINATION. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. 7-/813 I Date Planning Director"&ignat&d Date 2 Rev. 03/28/96 Il ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect kom “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant, Based on an “EIA-Part 11”, if a proposed project could have a potentially significant effect on the environment, but potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 I2 0 If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part I1 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 13 Issues (and Supporting Information Sources). Potentially Significant Impact Significant Sign~ficant Impact Potentially Less Than No Incorporated Mitigation Unless Impact 0 17151 0 ON I. LAND USE AND PLANNPJG. Would the proposal a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or (Source #l:Pgs 5.6-1 - 5.6-18) policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 - 5.6-18) c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 - 5.6-18) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible e) Disrupt or divide the physical arrangement of an landuses)?(#l:Pgs 5.6-1 - 5.6-18) minority community) (#l:Pgs 5.6-1 - 5.6-18) established community (including a low-income or 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local populationprojections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-1 - 5.5-6) 111. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Faultrupmre?(#l:Pgs5.1-1 -5.1-15,#2) b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15, # 2) c) Seismic ground failure, including liquefaction? (#l:Pgs d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - e) Landslides ormudflows? (#l:Pgs 5.1-1 - 5.1-15) 0 Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15, # 2) 5.1-1 - 5.1.15, # 2) 5.1-15, # 2) g) Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15, #2) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, #2) 0 cl cl om 0 17151 0 17 17 0 0151 0 0 om ON 0 0 17 0 0 0 0 om om 17151 om 0 0 OH om 0 0 0 0 0 0 0151 om ON i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15, #2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2- b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-1 - 5.2-11) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-1 ~ 5.2-11;# 3) 11) 5 o 0 OH 0 0 0151 UN 0 Rev. 03/28/96 /At Issues (and Supporting Information Sources) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-1 - 5.2-11) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-1 - 5.2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability?(#l:Pgs 5.2-1 - 5.2-11) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-1 - 5.2-11) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5.2- 11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1 - 5.2-11) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12) c) Alter air movement, moisture, or temperaNre, or cause any change in climate? (#l:Pgs 5.3-1 - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12) VI. TRANSPORTATTON/CIRCULATION. Would the a) Increased vehicle trips or traffic congestion? (#l:Pgs proposal result in: b) Hazards to safety from design features (e.g. sharp 5.7-1 - 5.7-22) curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7-22) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 - 5.7-22) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-1 - 5.7-22) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1 - 5.7-22) t) Conflicts with adopted policies supporting alternative transportation (e.g. bus Nmouts, bicycle racks)? g) Rail, waterhome or air traffic impacts? (#l:Pgs 5.7-1 - (#l:Pgs 5.7-1 - 5.7-22) 5.7-22) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, b) Locally designated species (e.g. heritage trees)? animals, and birds)? (#l:Pgs 5.4-1 - 5.4-24) c) Locally designated natural communities (e.g. oak (#l:Pgs 5.4-1 - 5.4-24) forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24) 6 Potentially Potentially Less Than No Significant Significant Slgnificant Imvact Impact Unless lmpacr Mitigation 0 0 o I7 0 0 Incorporated 0 0 0 0 0 0 [XI 0 0 0 0 0 0 0 [XI 0 0 0 0 0 o 17 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 OH on OH OH OH OIXI o[XI Rev. 03/28/96 I5 Wetland habitat (e.& marsh, riparian and vernal pool)? (#l:Pgs 5.4-1 - 5.4-24) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1 - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? Use non-renewable resources in a wasteful and (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- Result in the loss of availability of a known mineral 1 - 5.13-9) resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact IX. HAZARDS, Would the proposal involve: A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals orradiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 15) 1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? e) Other governmental services? (#l:Pgs 5.12.1-1 - (#l:Pgs 5.12.1-1 - 5.12.8-7) 5.12.8-7) XI1,UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & or substantial alterations to the following utilities: 5.13-1 - 5.13-9) 7 lmpact Unless lmpact Mitigation 0 0 nIXI Incorporated 0 0 OIXI 0 om 0 0 om 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 IXI [XI El CI 0 OISI 0 0 om 0 0 o[XI Rev. 03/28/96 /:L Issues (and Supporting Information Sources). b) Communications systems? (#l:Pgs 5.12.1-1 - 5.12.8-7) c) Local or regional water treatment or distribution d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (#l:Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs b) Have or demonstrate a negative aesthetic effect? c) Createlightorglare?(#l:Pgs5.11-1-5.11-5) 5.11-1 -5.11-5) (#l:Pgs 5.11-1 - 5.11-5) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8- b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs e) Restrict existing religious or sacred uses within the 5.8-1 - 5.8-10) potential impact area? (#l:Pgs 5.8-1 - 5.8-10) 10) 10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal commnnity, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigat~on Incorporated 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Significant Impact LessThan lrio Impact om om om OH om om om om om om om om om om OH 8 Rev. 03128196 /7 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Does the project have impacts that are individually limited. but cumulativelv considerable? 0 0 om (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current uroiects. and the effects of probable future projects) ._ . c) Does the uroiect have environmental effects which will n n n m cause the substantial adverse effects on human beings, either directly or indirectly? ” U U U u 9 Rev. 03/28/96 /8 XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 10 Rev. 03/28/96 19 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project consists of constructing a 9052 square foot restaurant with 139 surface parking spaces on two acres located the west side of Paseo Del Norte, north of Palomar Airport Rd., south of Car Country Drive and adjacent and east of Interstate 5. Project also includes the reconfiguration of the Holiday Inn northern parking lot, street vacation (cul-de-sac bulb) of Anderson way, construction of a water retention basin for water quality purposes and an adjustment plat. Access to the site will he provided via a driveway from Paseo Del Norte and interconnecting driveways with the existing development to the south and future development to the north. The project site is relatively flat and has been previously graded and developed with the previous alignment of Paseo Del Norte, which has since been realigned to the eastern side of the property. All previous roadway surface improvements have been removed. The southerly portion of the site is developed with a publicly dedicated cul-de-sac bulb and an overflow parking area for the adjacent Holiday Inn. Improvements consist of asphalt paving, concrete curbs and drainage and utility improvements. The site has adequate access to a public street and the cul-de-sac bulb is not needed. The site is vegetated with grasses, forbs and a few ornamental trees. The site does not contain any known sensitive habitat or species. No environmentally sensitive resources exist on the previously graded site and all public facilities necessary to serve the development are already in place. No significant adverse impacts to the environment are anticipated. 11 Rev. 03/28/96 do 11. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. TransportatiodCirculation The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concuvent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when 12 Rev. 03/28/96 21 adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not withm the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, whch was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. 111. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental ImDact Reuort for the City of Carlsbad General Plan Update 2. Geotechnical Investigation, King’s Fish House and Lounge, Paseo Del Norte, Carlsbad. 3. Preliminary Hvdroloav and Hvdraulic Reuort for King’s Seafood Co. prepared by (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. __ CA prepared by Testing Engineers - San Diego, Inc, dated July 10,2001 Aquaterra Engineering Inc. dated July 5,2001. 13 Rev. 03/28/96 ad LIST OF MITIGATING MEASURES None ATTACH MITIGATION MONITOFUNG PROGRAM None 14 Rev. 03128196 23 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 PLANNING COMMISSION RESOLUTION NO. 5101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT ROAD AND SOUTH OF CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: KING’S FISH HOUSE CASE NO.: CUP 01 -06 WHEREAS, King’s Seafood Company, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carpenter’s Pension Trust for Southern California, a California Corporation, “Owner,” described as A portion of Parcel 2 of parcel map no. 11284, in the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed in the Office of the County Recorder of San Diego County, May 11, 1981 and a portion of Parcel 4 of Carlsbad Tract No 92-07, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13078, filed in the Office of the County Recorder of San Diego County, December 28,1993 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “M” dated December 19, 2001, on file in the Carlsbad Planning Department, KING’S FISH HOUSE - CUP 01-06, as provided by Chapter 21.42 and 21.208 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of December 2001, 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 CUP. 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 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 KING’S FISH HOUSE - CUP 01-06, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed restaurant is a permitted use in the C-T zone and Commercial Visitor-Serving Overlay and will provide a service for the residential, tourist and business communities; it provides the required on-site parking and has adequate traffic circulation; and project incorporates the required development standards of the CommerciaWisitor Serving Overlay Zone to ensure compatibility of the project with the community. That the site for the intended use is adequate in size and shape to accommodate the use, in that the restaurant can fit within the 2.0 acre and meet the development standards without the need for modifications or variances. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that adequate building and landscape setbacks have been provided. The project incorporates a service yard to enclose the restaurant service area, trash enclosures, and storage. The building design is such that any roof- mounted mechanical is screened from view. Future access points to the adjacent property have been made to facilitate development of that property. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system is adequate to properly handle the 902 ADT generated by the development proposal. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle budalternative transportation users anticipated given the proposed use and site location within the overlay zone in that the on-site circulation system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses. The project provides the required number of parking spaces to accommodate the use. The project will also enter into a private reciprocal access and parking agreement with the adjacent uses to the north and south. A separate pedestrian walk has been provided from the public right-of-way to the restaurant. PC RES0 NO. 5101 -2- 25- 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 6. 7. 8. 9. 10. 11. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone in that the building has been designed with an alternative architectural design, which will be compatible with the other surrounding buildings. The building design, materials and colors proposed represent a high quality of architectural design through the use of architectural details and building forms which are complementary to the surrounding buildings in the vicinity. That the project complies with all development and design criteria of the overlay zone in that the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, signage, building height, building setbacks, building design, and landscaping. The project is consistent with the Comprehensive Land Use Plan (CLUF') for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. 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 restaurants are compatible uses within the 60 CNEL. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. Consistent with Section 65402(a) of the California Planning and Zoning Law, the location, purpose and extent of the street vacation of Andersen Way has been submitted to the Planning Commission. The Planning Commission has determined that the entire street vacation of Andersen Way is consistent with the General Plan Circulation Element policies for streets, trafic control, and alternative modes of transportation in that; vacation of the 900-foot long cul-de-sac will not preclude access to any property as only one parcel is currently served by the cul-de-sac; Paseo Del Norte provides adequate access to the properties fronting Paseo del Norte without the cul-de-sec; and the CUI- PC RES0 NO. 5101 -3- d -4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 de-sac is not needed to provide safe and efficient movement of people, goods, and services within the City. 12. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building 1. 2. 3. 4. 5. permit. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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- PC RES0 NO. 5101 -4- 21 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 6. I. 8. 9. 10. 11. 12. 13. discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. The Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of CDP 01-06 and SDP SO-ll(D) and is subject to all conditions contained in Planning Commission Resolutions No. 5102 and 5103 for the Coastal Development Permit and Site Development Plan Amendment. This approval shall become null and void if building permits are not issued for this project within 24 months from the date ofproject approval. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. If, at any time, the City Council, Planning Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the CommercialNisitor-Serving Overlay Zone, and to provide for the health, safety and general welfare of the City. This Conditional Use Permit is granted for a period of 10 years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Council may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect PC RES0 NO. 5101 -5- a8 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 14. 15. 16. 17. 18. 19. on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Council may grant. 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 hrther aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. 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. The 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 Conditional Use Permit and Coastal Development Permit by Resolutions No. 5101 and 5102 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. PC RES0 NO. 5101 -6- 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. 21. 22. 23. 24. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 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). No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall construct, install and stripe not less than the number of required parlung spaces, as shown on Exhibit “A.” Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. FeedApreements 25. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 26. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the site plan. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 27. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area. PC RES0 NO. 5101 -7- 30 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 shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 28. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/ImDrovements 29. 30. 31. 32. 33. Developer shall cause Owner to execute a covenant of easement for private drainage purposes as shown on the site plan the obligation to execute and record the covenant of easement shall be shown and recording information called out on the site plan. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. Prior to issuance of a grading permit or any demolition of public improvements within City right-of-way, Developer shall apply for, process, and receive approval for a street vacation for that portion of Andersen Way as shown on the site plan and preliminary grading plans. Said vacation shall be processed as a General Street Vacation in accordance with the Municipal Code and the California Street and Highway Codes. Prior to issuance of a grading permit or building permit, Developer shall prepare, process and receive approval of a lot line adjustment so the parcels are reconfigured as shown on the site plan and preliminary grading plan. Developer shall provide for or install the necessary drainage infrastructure as shown on the site plan prior to or concurrent with any grading or building permit. Developer shall prepare and record the necessary easements required to encompass these drainage improvements to the satisfaction of the City Engineer. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, all constructed to City Standards and to the satisfaction of the City Engineer. The Developer shall: A. Abandon the existing 12-inch ACP waterline traversing the site. The existing line shall be replaced with a new 12-inch PVC waterline installed along the frontage of Paseo Del Norte. B. Relocate all the necessary fire hydrants and necessary appurtenances. Improvements listed above shall be constructed within 18 months of approval of the development improvement agreement or such other time as provided in said agreement. PC RES0 NO. 5101 -8- s"/ 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 34. 35. 36. 37. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall perform the necessary maintenance on the detention basin as proposed on the site plan. The basin characteristics shall be maintained so that it's ability to reduce peak storm run-off is maintained. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifjmg 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. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: A. Identify existing and post-development on-site pollutants. B. Recommend source control Best Management Practices (BMPs) to filter said pollutants. C. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and customer PC RES0 NO. 5101 -9- 33 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 education on the proper procedures for handling clean up and disposal of pollutants. D. Ensure long-term maintenance of all post construct BMPs in perpetuity. E. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a 10-year 6- hour event. Carlsbad Municipal Water District: 38. 39. 40. 41. 42. 43. 44. 45. 46. Prior to building permit or grading permit issuance, whichever occurs first Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if additional fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if required, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authoritv capacity charge(s) prior to issuance of Building Permits. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has PC RES0 NO. 5101 -10- +' 33 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 determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Standard Code Reminders: 47. 48. 49. 50. 51. 52. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the Carlsbad Municipal Code Section 21.208.100(B) and shall require review and approval of the Planning Director prior to installation of such signs. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of 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 “feedexactions.” You have 90 days from date of final approval 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 fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RES0 NO. 5101 -1 1- 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of December by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: m JEFFRE . GALL, Chairperson cmsdh PLANNING COMMISSION ATTEST: PC RES0 NO. 5101 -12- 3 5/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5102 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO CONSTRUCT A RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT ROAD AND SOUTH OF CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: KING’S FISH HOUSE CASE NO.: CDP 01-18 WHEREAS, King’s Seafood Company, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carpenter’s Pension Trust for Southern California, a California Corporation, “Owner,” described as A portion of Parcel 2 of parcel map no. 11284, in the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed in the Office of the County Recorder of San Diego County, May 11,1981 and a portion of Parcel 4 of Carlsbad Tract No 92-07, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13078, filed in the Office of the County Recorder of San Diego County, December 28,1993 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coast: Development Permit as shown on Exhibits “A” - “M” dated December 19,2001, on file in the Planning Department, KING’S FISH HOUSE - CDP 01-18, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of December 2001, 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 Coastal Development Permit. 34’ 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 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 KING’S FISH HOUSE - CDP 01-18 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed development is in conformance with the Mello I1 segment of the Certified Local Coastal Program (LCP) and all applicable policies in that the project’s use is consistent with the Travel Services (TS) LCP land use designation; no prime agricultural lands exist on or near the site; no impacts will occur to environmentally sensitive habitats; no coastal access is or will be needed through or adjacent to the project site; erosion will be controlled by grading in conformance with the City’s Standards; grading will be restricted to the summer season; the site contains no wetlands or dual criteria slopes; does not obstruct views of the coastline as seen from public lands or the public right-of-way or otherwise damage the visual beauty of the coastal zone; and no significant view points are on or near the site. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located on the east side of the first public street and no coastal access areas or water-oriented recreational activities exist on or near the project site. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1980 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion, no steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or furfher condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy PC RES0 NO. 5102 -2- 31 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 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. 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 Coastal Development 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, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 4. This approval is granted subject to the approval of CUP 01-06 and SDP 80-11@) and is subject to all conditions contained in Planning Commission Resolutions No. 5101 and 5103 for those other approvals. 5. 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 ofthe Zoning Ordinance. 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 7. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for PC RES0 NO. 5102 -3- 38 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 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 feesiexactions 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 feeskxactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously othenvise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of December 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: m . SEGALL, Chaimerson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5102 -4- The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Application complete date: October 4, 2001 P.C. AGENDA OF: December 19,2001 Project Planner: Van Lynch Project Engineer: Jeremy Riddle SUBJECT: CUP 01-06/CDP Ol-lS/SDP SO-ll(D) - KING’S FISH HOUSE - Request for the recommendation of adoption of a Negative Declaration and the recommendation of approval for a Conditional Use Permit and Coastal Development Permit and the approval of a Site Development Plan Amendment to construct a 8,830 square foot restaurant on a 2.0 acre site located on the west side of Paseo Del Norte, north of Palomar Airport Road and south of Car Country Drive in the Coastal Zone and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5100, 5101, and 5102 RECOMMENDING ADOPTION of a Negative Declaration and RECOMMENDING APPROVAL OF CUP 01-06 and CDP 01-18 and ADOPT Planning Commission Resolution No. 5103, APPROVING SDP 80-ll(D), based on the findings and subject to the conditions contained therein. 11. INTRODUCTION These applications propose developing an 8,830 square foot restaurant and to amend the site development plan of the Holiday Inn (Andersen’s) site located on Paseo Del Norte, north of Palomar Airport Road. The proposed restaurant land use is permitted by the Commercial - Tourist Zone, Qualified Development Overlay Zone (C-T-Q) for the property, subject to the approval of a Site Development Plan. Because the site is located within the CommerciaWisitor- Serving Overlay Zone, the Conditional Use Permit process replaces the Site Development Plan permit. The property is located within the Mello I1 Segment of the Local Coastal Program requiring the approval of a Coastal Development Permit. The Site Development Plan amendment is to reconfigure the existing parking lot for the Holiday Inn. The project is in compliance with all city requirements. 111. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting that the Planning Commission recommend approval of a Conditional Use Permit and Coastal Development Permit and approve a Site Development Plan Amendment for the King’s Fish House project. The 2.0-acre project site is located adjacent and west of Paseo Del Norte, north of Palomar Airport Road and south of Car Country Drive. The site is north of, and adjacent to, Holiday Inn. The project consists of a single-story restaurant totaling 8,830 square feet, including outdoor patios. Parking will be provided at-grade surrounding the building with 139 parking spaces provided. A covered outdoor dining patio and lounge patio are provided CW 01-06KDP 01-18ISDP 80-ll(D) -KING’S FISH HOUSE December 19,2001 on the street side of the building. A hlly enclosed service yard with trash receptacles is located on the west side of the building, which fronts onto Interstate 5. A Site Development Plan is required for the revision to the Holiday Inn site, The northerly property line of the Holiday Inn site is being adjusted south to enable the creation of a parcel for the new restaurant. As a result, the northerly portion of the existing Holiday Inn parking must be relocated. The proposed location for the new parking area is an area created by the previous realignment of Paseo Del Norte. Paseo Del Norte used to swing to the west just past the Holiday Inn to almost touch the 1-5 right-of-way. The road was realigned to the east, at its present location, which left a triangular parcel of land in front of the Holiday Inn. The new parking configuration will take advantage of this area. There is a net increase of four parking spaces for the Holiday Inn site from 421 to 425. The new parking area will maintain the existing 20-foot parking landscape setback. Access to the site is via a new driveway off Paseo Del Norte. An access drive is also proposed to interconnect the site with Holiday Inn. Two future access points are provided on the north side of the project to provide future access to the adjacent vacant site. The existing improved cul-de- sac bulb off Paseo Del Norte will be vacated and removed. The building is “vintage Americana” to reflect the look of old fisheries with red brick and wrought iron exterior finishes. The design incorporates brick and metal cornices, faux brick arched windows with wood shutters, and faux copper downspouts. On the front of the building is an outdoor dining patio. The patio area is covered with a standing seam metal roof painted black supported by decorative metal columns with decorative metal brackets. A decorative metal fence encloses the patio. The east elevation (Holiday Inn) uses a brick veneer and stucco finish. The standing seam roof on this elevation is silver colored. The entry is wood paneled with wood molding. The project site is relatively flat and does not have any physical or environmental constraints. A portion of the site has been previously developed as the original alignment of Paseo Del Norte and then as extra parking for Anderson’s and a public street, which is to be removed. The project incorporates a storm water detention basin in the northwest comer to address water quality concerns. The finish floor elevation of the building is proposed at 68 feet above mean sea level (MSL). The elevation of the freeway adjacent is 55 feet MSL. The proposed grading for the site is balanced with no import or export of soil material. The following table lists the general plan, zoning and existing land use for the site and adjacent properties: CUP 01-06/CDP O1-18/SDP 80-1 1@) - KING’S FISH HOUSE December 19,2001 Paze 3 - Qualified Overlay/ CommerciaWisitor- 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. B. C. D. E. F. IV. Travelkcreation (T-R) General Plan Land Use Designation; Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q); Conditional Use Permit findings and findings pursuant to the CommerciaWisitor- Serving Overlay, Chapter 21.208.1 10; Comprehensive Land Use Plan for McClellan-Palomar Airport; Mello I1 Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone - Carlsbad Municipal Code, Chapter 21.202 and the Coastal Resource Protection Overlay Zone - Carlsbad Municipal Code, Chapter 21.203; and Growth Management Ordinance (Local Facilities Management Plan Zone 3). ANALYSIS The recommendation of 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. CUP 01-06/CDP 01-18ISDP 80-1 I@) -KING’S FISH HOUSE December 19,2001 Page 4 A. General Plan The General Plan designation for the project site is TraveVRecreation (T-R). The project complies with all elements of the General Plan as illustrated in the table below: GENERAL PLA ELEMENT I USE. CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Land Use Development area is designated as T-R Circulation New development shall dedicate and improve all public right-of-way for circulation facilities needed to serve development Noise Utilize noise standards contained in the Comprehensive Land Use Plan for Palomar Airport Open Space & To control storm Conservation water pollutants. COMPLIANCE PROPOSED USES & IMPROVEMENTS Restaurant use proposed Roadway improvements in the form of curb, gutter, sidewalk, and streetlights exist. The project is a compatible use within the 60-65 CNEL with no mitigation required for indoor/outdoor uses. Provide a detention basin for water quality management. COMPLY? Yes Yes Yes Yes The project also includes the vacation of the existing cul-de-sac street located at the northern end of the hotel site, which is referred to as Andersen Way. The cul-de-sac is approximately 900 feet long and currently provides access to the Holiday Inn parking lot. The removal of the cul-de-sac will not preclude access to any other properties. Adequate vehicular circulation will be provided in the redesign of the Holiday Inn parking area as a loop drive. Additional access will be available through the Fish House parking lot via a private reciprocal access and parking agreement. B. C-T-Q and CommerciaWisitor-Serving Overlay Zoning Regulations The development area of the project site is zoned Commercial-Tourist, Qualified Development Overlay Zone (C-T-Q). The project site is also located within the CommercialNisitor-Serving (CVS) Overlay Zone. The CVS Overlay zone contains the development standards for projects within the overlay and supercedes those of the underlying zone. In addition, the requirement to process a Site Development Plan is superceded because of the Qualified Development Overlay Zone. The Conditional Use Permit findings and the CVS findings are discussed further in this report. CUP 01-06/CDP 01-18ISDP 80-1 1(D) - KING’S FISH HOUSE December 19,2001 Page 5 The project complies with all requirements of the C-T and CVS Overlay Zone as demonstrated in the following table: C-T Z( STANDARD Permitted Use Parking Signs Building Height Setbacks Decorative paving entry Monument sign landscaping Landscaping (E / CVS OVERLAY COMP: REQUIRED CommerciaWisitor-Serving use (i.e. Restaurant) 139 spaces Complement overall building style 35 ft. / 45 ft. for allowed protrusions Roof top equipment/ structural features screened Front - 30 feet/ 20 landscaped Interior Side Yard - 10 A./ 10 A. landscaped Rear Yard - 30 ft./ 10 ft. landscaped 900 sq ft minimum One paldsix birds of paradisdagapanthus 1 tree /six parking spaces (23 required) 15 gal minimum Screening of parking area. Screened loading, trash, and delivery areas. 101 sq. ft. [ANCE PROPOSED Restaurant 139 spaces Proposed signs complement 101 sq. ft. building 25 ft. Roof mounted equipment screened from view by parapets 89.5 ft. / 22.5 ft: landscaped 81 ft. / 10 ft. - landscaped 57 ft. / 12.5 ft. landscaped 1170 sq. ft. Landscaping complies with CVS Overlay 35 provided (I/ four parking spaces) 15 gal to 48 inch box Landscape berm and screen hedge. Enclosed loading, delivery and trash area. The CVS Overlay allows two primary architectural styles. One is the Village Architectural style and the other is the Contemporary Southwest Architectural style. An alternative architectural style may be proposed which is what the King’s Fish House has done. The alternative architectural style may accommodate a reasonable version of the user’s corporate architectural style, provided that the elements do not dominate the building design so as to create incompatibility in the area. Although the design incorporates the corporate architecture, the building does not have significant features that would cause it to stand out or be incompatible with the surrounding buildings. The architecture, as described earlier, is “vintage Americana.” The building is rectangular in shape with a brick veneer, with architectural features and enhancements, and a standing seam metal dining patio cover. The materials used, such as brick and wood, are high quality materials that enhance the building image. The dark red brick, black CUP 01-06/CDP Ol-lUSDP 80-1 1(D) - KING'S FISH HOUSE December 19,2001 Page 6 metal canopy, and accent colors are appropriate for the building materials and building style. Pursuant to the CVS overlay, the applicant had submitted a preliminary review to review the site design and alternative architectural design. The project was reviewed and supported by the City Council and the enforcement official (Community Development Director) at the conclusion of the pre-filing process. C. Conditional Use Permit findings and findings pursuant to the CommerciaWisitor- Serving Overlay Commercial projects located within the CommerciaWisitor Serving Overlay Zone require approval of a conditional use permit by the City Council. The four findings for conditional use permit and the required findings for the CVS Overlay Zone are summarized in this section. 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located. The proposed restaurant is a permitted use in the C-T zone and CVS Overlay and will provide a service for the residential, tourist and business communities. The proposed restaurant is not detrimental to the existing commercial and hotel uses in that it provides the required on-site parking and has adequate traffic circulation. The project incorporates the required development standards of the CommercialNisitor Serving Overlay Zone to ensure compatibility of the project with the community. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The 2.0 acre site is adequate in size and shape to accommodate the proposed use in that the restaurant can fit within the proposed development area without the need for any development standard modifications. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The project complies with all of the development standards and parking requirements of the C-T zone and CVS Overlay Zone. Adequate building and landscape setbacks have been provided. The project incorporates a service yard to enclose the restaurant service area, trash enclosures, and storage. The building design is such that any roof-mounted mechanical equipment is screened from view. Future access points to the adjacent property have been made to facilitate development of that property. 4. That the street system serving the proposed use is adequate to properly handle all trafflc generated by the proposed use. A traffic study' was submitted for the development proposal, which indicates that the restaurant would generate approximately 902 Average Daily Trips (ADT). The proposed project will add a minimal amount of traffic to this location in the PM peak hour (96 ADT). 45 CUP 01-06KDP 01-18ISDP 80-ll(D) - KING’S FISH HOUSE December 19,2001 The increase in vehicle trips has been analyzed and based on City traffic studies and the proposed Palomar Airport Corridor Improvements, the Engineering Department has found that the proposed use will not reduce the level of service of the surrounding roadways and key intersections to an unacceptable level and that the existing street system is adequate to properly handle the 902 ADT generated by the development proposal. The CommerciaWisitor Serving Overlay Zone requires three additional findings as follows: 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone. The on-site circulation system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses. The project provides the required number of parking spaces to accommodate the use. The project will also enter into a private reciprocal access and parking agreement with the adjacent uses to the north and south. A separate pedestrian walk has been provided from the public right-of-way to the restaurant. 6. That the building form, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone. The building has been designed with an alternative architectural design, which will be compatible with the other surrounding buildings. The building design, materials and colors proposed represent a high quality of architectural design through the use of architectural details and building forms which are complementary to the surrounding buildings in the vicinity. 7. That the project complies with all development and design criteria of the overlay zone. As outlined previously in the zoning compliance table above, the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, signage, building height, building setbacks, building design, and landscaping. D. Site Development Plan Amendment The amendment to reconfigure the parking area of the Holiday Inn (Andersen’s) is not subject to the CVS Overlay as it is an existing development being modified as follows; does not change any of the existing of uses; does not invoke a higher parking standard; or change the square footage of any building. The proposal is consistent with existing uses allowed by the original site development plan. The revision relocates and adds four parking spaces. The parking ratios applied to the existing uses would require 366 parking spaces. The parking provided, after modification, is 425 parking spaces, which is 59 spaces over the required amount. The parking lot redesign provides adequate traffic circulation as it still provides through circulation around the hotel site. Through access is provided to the restaurant site, which is similar to the previous traffic circulation pattern. The new parking lot design incorporates ten- foot landscaped setbacks to match the existing and adjacent parking areas. The balance of CUP 01-06/CDP 01-18ISDP 80-1 1(D) -KING’S FISH HOUSE December 19,2001 Page 8 parking demand is not disrupted since the parking area being relocated is remote and not frequently used. E. Comprehensive Land Use Plan for McClellan - Palomar Airport The project site is located approximately two miles west of the airport and within the Airport Influence Area for McClellan - Palomar Airport. The site is inside the 60 Community Noise Equivalent Level (CNEL) noise contour. The airport land use plan identifies the restaurant use as being compatible within the 60 CNEL. The project was sent to the Airport Manager in addition to SANDAG staff. The project is in conformance with the airport land use plan. F. Mello I1 Segment of the Local Coastal Program As designed, the project is consistent with the relevant policies of the Mello I1 Segment of the Local Coastal Program (LCP). The restaurant is an appropriate use with the LCP land use designation of Travel Service. The site is currently partially developed as a parking lot and graded area. No environmentally sensitive habitats exist on or adjacent to the site. Because the proposal includes grading, the provisions contained in the Mello I1 land use policies prohibiting grading during the winter months (October 1st - April 1st) are included as conditions of approval. Since the project is located one half mile from the ocean, no shoreline development regulations apply. No scenic resources exist on or near the site. The project does not impact any non-prime coastal agricultural land. Therefore, the proposed restaurant is consistent with the Mello I1 land use policies and the applicable implementing ordinances. G. Growth Management Ordinance (LFMP Zone 5) The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant. The impacts on public facilities created by this project and compliance with the adopted performance standards aie summarized as follows: FACILITY IMPACTS COMPLIANCE WITH City Administration N/A Yes Library N/A Yes Wastewater Treatment 4.9 EDU Yes STANDARDS Parks Yes N/A Drainage Basin B Yes Payment of non-residential Schools Yes N/A Open Space Yes Station 4 Fire Yes 902 ADT Circulation Yes school fee at bldg. permit issuance Sewer Collection System Water Distribution System Yes 4.9 EDU Yes 1078 Gallons/dy CUP 01-06/CDP 01-18ISDP 80-ll(D) -KING’S FISH HOUSE December 19,2001 V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project. The project is within the scope of the City’s Master Environmental Impact Report (MEIR) which was utilized to address the project’s cumulative air quality and circulation impacts. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real has been mitigated to below a level of significance with new roadway improvements. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. In consideration of the foregoing, on July 24, 2001 the Planning Director issued a Negative Declaration for the proposed project. ATTACHMENTS: 1. 2. 3. 4. 5. 6. I. 8. 9. 10. 11. 12. 13. Planning Commission Resolution No. 5100 (Neg. Dec) Planning Commission Resolution No. 5101 (CUP) Planning Commission Resolution No. 5 102 (CDP) Planning Commission Resolution No. 5103 (SDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statements Planning Commission Resolution No. 1964, dated May 26, 1982 Planning Commission Resolution No. 2351, dated September 26, 1984 Planning Commission Resolution No. 3463, dated November 18, 1992 Reduced Exhibits Full Size Exhibits “A” - “M’, dated December 19,2001 vL:cs:mh BACKGROUND DATA SHEET CASE NO: CW 01-06 / CDP 01-18 / SDP 80-ll(D) CASE NAME: KING’S FISH HOUSE APPLICANT: KING’S SEAFOOD COMPANY REQUEST AND LOCATION: An 8.830 square foot restaurant located on the west side of Paseo Del Norte. north of Palomar Airport Road and south of Car Country Drive LEGAL DESCRIPTION: a portion of Parcel 2 of parcel map no. 11284, in the City of Carlsbad. County of San Diego. State of California, according to map thereof. filed in the Office of the County Recorder of San Diego County, May 11. 1981 and a portion of Parcel 4 of Carlsbad Tract No 92-07. in the Citv of Carlsbad. County of San Diego, State of California, according to map thereof no. 13078, filed in the Office of the County Recorder of San Diego County. December 28. 1993 APN: 211-021-04 and -23 Acres: 2.0 Proposed No. of LotsKJnits: 1 GENERAL PLAN AND ZONING Land Use Designation: Travel-Recreation Commercial (T-R) Density Allowed: n/a Density Proposed: n/a Existing Zone: Commercial-Tourist-Qualified Development Overlay Zone and Commercial Visitor/Serving Overlay Zone Proposed Zone: no change Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site C-T-Q T-R North C-T-Q T-R South C-T-Q T-R East C-2-Q Regional commercial West Transportation Conidor Transportation Conidor Current Land Use ParkingNacant Vacant Hotel/Commercial Commercial Interstate 5 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 4.9 EDU ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Julv 24. 2001 0 Certified Environmental Impact Report, dated 0 Other, 49 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE. NAME AND NO: KING’S FISH HOUSE - CUP 01-06 I CDP 01-18 I SDP SO-ll(D) LOCAL FACILITY MANAGEMENT ZONE: 2 GENERAL PLAN: TravellRecreation Commercial ZONING: Commercial Tourist - Oualified Overlay/ Commercial Visitor/Serving Overlav DEVELOPER’S NAME: King’s Seafood Company ADDRESS: 100 W. Broadway, #550, Long Beach, CA 90802 PHONE NO.: (562) - 437-8824 ASSESSOR’S PARCEL NO.: 211-021-04123 QUANTlTY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 8,830 Sq Ft ESTIMATED COMPLETION DATE: ASAP 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) 4.9 EDU Park: Demand in Acreage = NIA Drainage: Demand in CFS = 12.2 Identify Drainage Basin = B Circulation: Demand in ADT = 902 Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided = N/A Schools: Carlsbad N/A Sewer: Demands in EDU 4.9 Water: Demand in GPD = 1078 The project does not impact the Growth Management Dwelling unit allowance. - Citv of Carlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of cam ounershlp Interests on ali applications ~hzn wit rcqulrc discrenonary actlon on the pan of the City Council or any appolnred Board. Commlsslon or Commlnee The followtng lnformation ;rMlrsT be disclosed at the time of applicatlon submlrml. Your pro.lei1 cannol be revlewed until this mformatlon 1s completed. Please pnnt. .. Note: Perron is defied as “Any iodividupl, firm co-parmmhip. joint venture, association. social club. fraternal organization, corporation. estate, rmss receiver. syndicate. in this and any other couny. ciy and counr).. ctn municipality, disuict OT other political subdivision or any other goup or cornbinanon acnng as a unit.” Agents may sip hs document; however, rhe legal name and endry of the applicant and propep owner must be provided blow. 1. APPLICAhT (Not the applicant’s agent) Provide the QDMPLETE. LEG& names and addresses of persons having a financial interest in the application. If the applicant includes a cornoratlon or narmership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE TKAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN “E SPACE BELOW If a publiclv-owed corooration, include the .names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person k5‘ c~ corp/pan +.-.C--J dEG7Aoa GO. Titlep.lz-L-“----3c Address /& /S*aPada~ Address , ,.L 1 -. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of ALI. persons having any ownership Interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common. non-profit, corporation, etc.). If the ownership includes a cornoration or narmershig, include the names, title, addresses of all individuals owning more’ than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE @/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, Include the names, titles, and addresses of the corporate officers. (A separate page may be a@ched if necessary.) I ’- Person 5 @/ CorpPart 3. 3'05-PROFIT 'GAhTZATIOS OR TRLST If any person identlfied pursuanr to (1 or (2) above IS a nonurofir oreanm!IoI: or 2 72~:. ::<: :::. names and addresses of person seming as an officer or direclor of rnc mr.-xL>!-:: organization or as trustee or benefician of the. Non ProficTrust Non RofiiTmsr Title Title Address Address -jJ, 4. Have you had more than $250 wonh of busmess rransacted wlth any member of CIQ srafi. Boards. Commlrsions, Committees and/or Council within the past rwelvc (12) months? 0 Yes @No If yes, please indicate pason(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my howledge. H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 54 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 15 16 17 1E 19 2c 21 22 22 24 25 26 27 28 PLANNING COMMISSION RESOLUTION N0.1964 P. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO 80-ll(A), FOR A 150 UNIT MOTEL, 2 RESTAURANTS, GASOLINE STATION, CONVENIENCE STORE AND RELATED COMMERCIAL SHOPS AND PERMITTING THE PROJECT TO BE DEVELOPED IN PBASES OR PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE, ADJACENT APPLICANT: PEA SOUP ANDERSEN'S TO INTERSTATE 5. CASE NO: SDP-EO-ll(A) WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission: and WHEREAS, 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, the Planning Commission did, on the 26th day of May, 1982, consider said request on property described as: A portion of Lot H of Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the San Diego County Recorder, also know as assessor's parcel numbers 211-021-13 and 21 1-021-14 WHEREAS, at said 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-ll(A). NOW, THEREFORE, BE IT HEREBY RESOJ,VED 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 SDP-RO-ll(A), based on the following findings and subject to the following conditions: //// //// 53 I I ~ Findings The site is physically suitable for the type and density and i design of the development since the site is adequate in size and topography to accommodate the project and still meet all I city regulations without any significant environmental impacts. The project is consistent with all city public facility pol- icies and ordinances since: a) The applicant has been allocated sufficient sewer hookups for the project. b) The applicant 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. c) All necessary public improvements have been provided or will be required as conditions of approval. d) The Planning Commission has, by inclusion of an appropriat condition, insured that the project will not be approved unless the City Council finds that sewer service is Commission has added a condition that building permits ma available to serve the project. In addition, the Planning determines that sewer service is available, and building not be issued for the project unless the City Engineer cannot occur within the project unless sewer service remains available, the Planning Commission 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. The environmental impacts of the proposed project were addressed in conjunction with previously approved certified environmental documents and therefore, the Planning Director filed a Notice of Prior Compliance. 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. 25 IIConditions 26 11) Approval is granted for SDP 80-11 (A), as shown on Exhibit "A", dated May 26, 1982, Exhibit "C" dated August 25, 1980 and and on file in the Planning Department. Development shall conditions. 27 1 occur substantially as shown unless otherwise noted in these 28 ~ ~ Exhibit "D" dated September 3, 1980, incorporated by reference PC RES0 # 1964 -2- This project is approved upon the express condition that building permits will not be issued for development of the sub- 1 ject property unless the City Engineer determines that sewer facilities are available at the time of application for such i I sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition that the Council Policy No. 17, dated August 29, 1979, on file with the applicant shall pay a public facilities fee as required by City City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said with the City Clerk and incorporated herein by reference. If fee a copy of that agreement dated April 29, 1982, is on file said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to occupancy of any buildings. Said plan shall right-of-way to visually screen the project from the freeway, include dense landscaping along the entire Interstate 5 and dense landscaping and mounding along Paseo del Norte to screen the parking areas from the street. period, the applicant shall maintain passable vehicular access In order to provide for fire protection during the construction required fire flows shall be installed on and off site as re- to all buildings. In addition, adequate fire hydrants with quired by the Fire Department. The applicant shall install street trees to city specifications at 40 foot intervals along all public street frontages concurrent with street improvements. The variety of said trees shall be subject to the approval of the Parks and Recreation Department. Parking lot trees shall be a minimum of 15 gallon size. Signs as shown on attached exhibits are specifically not this development shall be designed in conformance with the approved as part of this application. Any signs proposed for city's Sign Ordinance and shall require review and approval of the Planning Department prior to installation of such signs. Further, a uniform sign program for the development shall be submitted to the Planning Department for its review and approval prior to occupancy of any building. - 28 '/PC RES0 # 1964 I1 .3- 3-K I 10) All landscaped areas shall be maintained in a healthy and ! i 1: thriving condition, free from weeds, trash, and debris. 4 3i 112.) 51 6 7 I Trash receptacle areas shall be enclosed by a 6 foot hiph masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Planning Director. All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the Director. satisfaction.of the Planning Department and Building ,13) Approval of this request shall not excuse compliance with all i ordinances in effect at time of building permit issuance. 114) This approval shall become null and void if building permits 8, sections of the zoning ordinance and all other applicable city 91 I 10 are not issued for this project within two years from the date of project approval. i 11 I 12 and crosswalks to allow safe and adequate pedestrian access 13 from the parking area south of Avenue of the Flags to the Pea Soup Andersen's Restaurant. The design and location of said walkways and crosswalks 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. 15) The applicant shall provide clearly marked pedestrian walkways 16 " l~ 16) The applicant shall provide passive recreational facilities play area), landscaping and a meandering sidewalk in the area (including but not limited to benches, gazebos and children's located between the motel and the gourmet restaurant prior to 18 j final occupancy of the gourmet restaurant. The design of said facilities, landscaping and sidewalk shall be subject to the I! 19 11 Planning Director's approval prior to issuance of building ii permits. 2o 11 17) 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. 21 22 1 I ! i 23 ~ 18) Along Avenue of the Flags, the applicant shall realign the 24 ~ I 25 !; third median break from Paseo del NOKte 55 feet to the east so that it aligns with the exit driveway of the parking lot area located east and adjacent to the restaurants. -4- zed with the Parking shall not be allowed along Avenue of the Flags and shall be painted red and posted with "NO Parking" sings prior I ! to final occupancy subject to the approval of the City Engineer. 1 I An adequate method of screening the loading area shall be approved by the Planning Director prior to issuance of building permits and shall be installed prior to occupancy. The area shown on the plan for employee parking shall be used exclusively for employees and shall be so marked and desig- nated prior to occupancy. The City Engineer and Planning Director shall have the discre- such as turning radii, planter widths and locations, etc, to tion to make minor modifications to the on-site circulation, improve traffic flow at the time that the final site plan is reviewed. The developer shall recieve the approval of the City Engineer for a site grading plan and obtain a grading permit prior to issuance of building permits. , Grading shall occur in accordance with an approved qrading and erosion control plan, city standards, and an approved soils and geologic investigation report which shall include slope stability calculations and construction specifications. All exposed slopes shall be hydromulched or otherwise stabili prior to the issuance of building permits subject to the approval of the City Engineer. Drainage improvements shall be constructed in accordance overall plan for grading to the satisfaction of the City an approved plan, and the work shall be coordinated with Engineer. Paseo del Norte shall be fully improved along the property frontage to city standards, from Palomar Airport Road to. Avenue of the Flags in conjunction with Phase 1 of the project (service station, convenience store and restaurant). The improvements shall be based on a curb-to-curb width of 66 feet and shall include raised median islands 14 feet wide. All remaining improvements on Paseo del Norte from Avenue of the Phase 2 (motel and future restaurant) and shall have a curb Flags to Car Country shall be installed in conjuction with width of 66 feet but no median island. The structural section shall conform to city standards based on R-value tests. This work shall include any remedial measures necessary to correct any drainage or groundwater problems which may adversely placement of any of the existing street sections which, in the affect the street and shall also include the removal and re- opinion of the City Engineer is inadequate. The curb and gut- deleted from the required improvements. The sidewalk on the ter and the sidewalk on the'east side of the street may be 'PC RES0 # 1964 - .5- 57 west side of the street shall be constructed concurrent with 1 the portion of the property being developed. i The median islands shall be landscaped and adequate water and electricity shall be provided to each island for this. Land- scaping shall be subject to the approval of the Parks and Rec- reation Director and shall also be subject to the approval of the City Engineer to assure there will be no sight distance problems. The applicant shall enter into an agreement with the city to perpetually maintain the median landscaping. of the street subject to the approval of the City Engineer. Paseo del Norte shall be posted "No Parking" along both sides Street lights shall be installed along Paseo del Norte to city standards concurrent with the street improvements. The lumi- naire shall be of the mission bell type. Sidewalks and street lights shall be installed along the pro- perty 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 inade- quate. The exit onto Palomar Airport Road 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 Caltrans' 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 constructed prior to final occupancy of any build- shall be subject to the approval of the City Engineer, and ings. This exit shall have a sign which reads: "Exit to 1-5 North Only". If this exit is not approved by Caltrans, no exit will be permitted on Palomar Airport Road. Also, signing and 1-5 south in a location subject to the approval of the shall be constructed directing traffic to Palomar Airport Road 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 outside edges of the entrances and a median island in the cen- shall have curb returns with a radius of 15 feet on the two be provided. Landscaping within 20 feet of the distance of ter. Wheelchair ramps and a concrete valley gutter shall also quate sight distance. 250 feet north of this intersection in order to provide ade- The entrance to the porte cochere at the motel shall be designed as a street-type entrance as described for the "Avenue of the Flags" entrance. -6- 3-8 1 2 5 4 6 " 6 7 E s 1c 11 12 12 14 It 16 17 1E 19 2c 21 22 23 24 25 . 26 27 28 Improvement plans for all public irnporvements, driveway entrances and median islands shall be prepared by a civil 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 bv Caltrans to determine the feasibility of widening the Palomar Airport Bridge over Interstate 5. Said funding shall be paid to the city prior to issuance of a building permit. 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 full width street improvements not be provided adjacent to the bus shelter location. required on Paseo del Norte, a bus turnout shall also be These conditions supercede all conditions contained in Resolution No. 1694 (SDP 80-11). PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the city of Carlsbad, California, held on the 26th day of May, 1982 by the following vote, to wit: AYES: Farrow, Rombotis, Schlehuber, Friestedt, Rawlins NOES: None ABSENT: Marcus, Jose ABSTAIN: None CARLSBAD. PLANNING - COMMISSION ATTEST: 'CARLSBAD PLANNING COMMISSI~N PC RES0 # 1964 -7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 PLANNING COMMISSION RESOLUTION NO. 2351 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AMENDMENT TO CONSTRUCT A VISITOR TOURIST CENTER BUILDING 01 CARLSBAD, CALIFORNIA, APPROVING .A SITE DEVELOPMENT PLAN PROPERTY GENERALLY LOCATED BETWEEN 1-5 AND PASEO DEL NORTE APPLICANT: PEA SOUP ANDERSEN IMMEDIATELY NORTH OF THE PEA SOUP ANDERSEN MOTEL. CASE NO.: SDP 80-ll(B) WHEREAS, a verified application has been filed with the :ity of Carlsbad, and referred to the Planning Commission: and WHEREAS, said verified application constitutes a request a: ,rovided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, pursuant to the provisions of the Municipal Code, :he Planning Commission did, on the 26th day of September, 1984, :onsidered said request on property described as: Parcels 1 and 2 of Parcel Map No. 11284 recorded in the Office of the County Recorder of San Diego County May 11, Rancho Agua Hedionda, according to map thereof No. 1981 as File No. 81-145557, being a portion of Lot H of 823. WHEREAS, at said hearing, upon hearing and considering all :estimony and arguments, if any, of all persons desiring to be leard, said Commission considered all factors relating to Site )evelopment Plan No. 80-ll(B). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission of the City of Carlsbad as follows: 4) That the above recitations are true and correct. 3) That based on the evidence presented at the hearing, the Commission APPROVES SDP 80-11(8), based on the following findings and subject to the following conditions: 'indings: 1) The project is consistent with the City's General Plan since designation. the use is compatible with the Travel Service (TS) land use 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The proposed realignment of Pase Del Norte will improve the safety and carrying capacity of the roadway. Subsequent to the realignment of Paseo Del Norte, the site is adequate in size and shape to accommodate the proposed project. The project is consistent with all City public facility pol- icies and ordinances since: a) All necessary public improvements have been provided or will be required as conditions of approval. b) The applicant 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. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on September 10, 1984 and approved by the Planning Commission on September 26, 1984. ionditions: Approval is granted for SDP 80-ll(B), as shown on Exhibits "A" - "F", dated September 26, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. building permits will not be issued for development of the This project is approved upon the express condition that subject property unless the City Engineer determines that sewex facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Citl Council Policy No. 17, dated April 2, 1982, 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 August 17, 1984, is on file with the City Clerk and incorporated herein by reference. be consistent with the General Plan and approval for this If said fee is not paid as promised, this application will not project shall be void. 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. 'C RES0 NO. 2351 -2- The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. The applicant shall prepare a detailed landscape and irrigatior plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. masonry wall with gates pursuant to City standards. Location Trash receptacle areas shall be enclosed by a six-foot high of said receptacles shall be approved by the Land Use Planning Manager. All roof appurtenances, including air conditioners, shall be buffered from adjacent properties and streets, pursuant to architecturally integrated and shielded from view and the sounc Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. For the cul-de-sac street, the name "Pea Soup Way" is specifically not approved. The name of this street shall be subject to the approval of the Land Use Planning Manager and shall conform to the City Council's street naming policy. iEngineerinq 113) The developer shall obtain a grading permit prior to the 21 22 ~ commencement of any clearing or grading of the site. i 23 24 25 26 27 14) The grading for this project is defined as "controlled grading' by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site the approved grading plan, submit required reports to the City inspection and testing to insure compliance of the work with Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. -3- L6) L7 18) 22) 23 1 Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contou map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. No grading shall occur outside the limits of the project unles a letter of permission is obtained from the owners of the affected properties. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. All slopes within this project shall be no steeper than 2 :l. Prior to hauling dirt or construction materials to any propose construction site within this project the developer shall proposed haul route. The developer shall comply with all submit to and receive approval from the City Engineer for the conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent any off-site measures and shall construct temporary desiltation/detention siltation. The developer shall provide erosion control basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, approved by the City Engineer. The developer shall maintain slope erosion control measures and other methods required or of time satisfactory to the City Engineer and shall guarantee the temporary basins and erosion control measures for a period deposit and bonding in amounts and types suitable to the City their maintenance and satisfactory performance through cash Engineer. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. All land and/or easements required to satisfy the conditions o approval for this project shall be granted to the City, withou cost to the City, free and clear of all liens and encumbrances and without cost to the City. PC RES0 NO. 2351 -4- 13 1 2 3 4 " F; 6 7 E S 1c 11 1; 1: 1f 1: 1f 1: 1E 15 2( 21 2: 2; 21 2: 2t 2: 2E The applicant has submitted a request for a street standards variance. The approval of SDP 80-ll(B) is contingent upon approval of the variance. The median in "Pea Soup Way" is approved subject to the review and approval of the City Engineer and the following provisions: a) The nose of the median shall be 25 feet westerly of the line of the extended curb face of the westerly side of Paseo Del Norte. of the median b) Pea Soup Way shall have a 15 foot wide lane on each side d) The entire frontage of "Pea Soup Way" shall be designated c) The median shall be no less than eight feet wide. a no parking zone and shall be so signed and painted. The curb and gutter on the high side of the super elevated and with a lip to flowline vertical dimension of two inches. super elevation transitions of Paseo Del Norte shall be type H agreed to be installed by secured agreement by the developer Improvements listed in this section shall be installed or before the issuance of any building permit. The developer pay all associated fees and performance guarantees prior to shall obtain approval of the plans from the City Engineer and issuance of any building permit. The developer shall install prior to issuance of a Certificate of Occupancy or occupancy 0, said improvements to the satisfaction of the City Engineer any portion of the project for any purpose. The improvements are: a) "Pea Soup Way" to full width local street standards for b) Paseo Del Norte to full width secondary arterial street its entire length. standards except that the street width shall be 66 feet curb to curb and the right-of-way shall be 86 feet for its entire length within the project site. The site consists of Parcels 2 and 3 of Parcel Map No. 11284 c) Sanitary Sewer Line d) Domestic Water Line e) Street Lights f) Storm Drains The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. All private driveways shall be kept clear of parked vehicles a all times, and shall have posted "No Parking/Fire Lane Tow Awa: Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the be signed and sealed, except that bound documents may be signes Engineer in responsible charge of the work. Each sheet shall and sealed on their first page. Additionally the first sheet Of each set of plans shall have the following certificate: PC RES0 NO. 2351 -5- "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address : City, St. : Telephone: BY Date : (Name of Engineer) R.C.E. NO. # The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. Prior to the approval of any building permits for this project, owner shall give written consent to the annexation of the area shown within the boundaries of the site into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. ire Conditions: 2) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 3) Fire retardant roofs shall be required on all structures. 4) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. /// /// C RES0 NO. 2351 -6- Q5 I! PASSED, APPROVED AND ADOPTED at a regular meeting of the 21 IIPlanning Commission of the City of Carlsbad, California, held on 3 '~ 4 5 6, 7 NOES : None. ABSTAIN: Commissioner L'Heureux. 8 ABSENT: Commissioner Marcus. lthe 26th day of September, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Farrow, Schlehuber, McFadden and Smith. 10 gl 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LA&- / BO~IS, Chairman PLkNNING COMMISSION I~TTEST: AND USE PLANNING MANAGER 26 i 27 ! 28 1 kC RES0 NO. 2351 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3463 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE ALLOW THE OPERATION OF AN AUTO RENTAL DESK ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE. CASE NAME: BUDGET CAR RENTAL DEVELOPMENT PLAN AMENDMENT NO. SDP BO-ll(C) TO CASE NO: SDP 8O-llIC1 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, 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, the Planning Commission did, on the 18th day of November, 1992, consider said request on property described as: Parcel 1 of Map 11284 in the City of Carlsbad, County of San Diego, recorded on May 11, 1981. 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 SDP SO-ll(C). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) .... That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES SDP 88-11(C), based on the following findings and subject to the following conditions: 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 FinditXS: conditions: 1. 2. 3. 4. 5. The requested use is properly related to the site, surroundings, and environmental setting, 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 not adversely impact the site, surroundings, or traffic circulation because no physical changes to the site are proposed and existing excess parking spaces are available on the site. The site for the intended use is adequate in size and shape to accommodate the use because the proposed use involves only a desk within the lobby of the existing motel and the parking of rental vehicles in existing available parking spaces on the site. All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained because no such features are required to adjust the requested use. The use involves only the addition of a desk in the lobby of the existing motel and the parkiug of rental vehicles in existing available parking spaces on the site. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use because an insignificant amount of tdic will be generated by the proposed use and adequate parking is available for the use. The findings included in Planning Commission Resolution No's. 1694 (SDP 80-111, 1964 (SDP 80-11(A)), and 2351 (SDP 80-ll(8)) are incorporated herein by reference. 1. 2. 3. 4. 5. Approval is granted for SDP 80-11(C), as shown on Exhibit "A", dated November 18, 1992, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The conditions included in Planning Commission Resolution No's. 1694 (SDP 80- 11), 1964 (SDP 80-11(A)), and 2351 (SDP 80-11(8)), are incorporated herein by reference. The parking of rental trucks on the site is spedfieally prohibited. A maximum of 13 parking spaces may be occupied by rental cars. The13parkingstallstobeusedbyBudgetRentalshallbeclearlymarked. PC RES0 NO. 3463 -2- 6. The applicant shall submit pmf of a California State Coastal Commission Permit signed and acknowledged by the applicant prior to issuance of a Business License. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of November, 1992, by the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Noble, Welshon, Savary & Hall. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: PLANNING DIRECTOR PC RES0 NO. 3463 TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION -3- 74 r i L 77 I \ 77 Planning Commission Minutes December 19.2001 None. PUBLIC HEARINGS Chairperson Segall asked Mr. Rideout to introduce the first item 1. CUP 87-10x1 - HERRICK HOLDINGS - Request for a five year extension of CUP 87-10 to allow the continued operation of a mixed use project that includes a restaurant, banquet facilities, offices and motel. Also included in the CUP extension is the continued sale of alcoholic beverages in the restaurant facilities and 15 percent reduction in required parking for the mixed use project. The project is located on Raintree Drive off Avenida Encinas within Local Facilities Management Zone 6. 2. CDP 01-25 -VINE RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a single-family residence within the City’s Coastal Zone located along the south side of Date Avenue, between Garfield Street and the A.T. & SF. Rail Road tracks, within Local Facilities Management Zone 1. 3. CDP 01-32 - GRlFFlNG RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a single-family residence within the City’s Coastal Zone located on the north side of Redwood Avenue, between Carlsbad Boulevard and Garfield Street, within Local Facilities Management Zone 1. 4. CUP 01-OGICDP 01-IUSDP 80-11(D) - KING’S FISH HOUSE - Request for the recommendation of adoption of a Negative Declaration and the recommendation of approval for a Conditional Use Amendment to construct an 8,830 square foot restaurant on a 2.0 acre site located on the west Permit and Coastal Development Permit and the approval of a Site Development Plan side of Paseo Del Norte, north of Palomar Airport Road and south of Car Country Drive in the Coastal Zone and Local Facilities Management Zone 3. Mr. Rideout stated that agenda items 1, 2, 3, and 4 are normally heard in a public hearing context, however, these projects are minor and routine in nature with no outstanding issues and Staff recommends approval of all. He recommended they be acted upon and voted on as a group. If the Commission or someone from the public wishes to discuss or pull an item then Staff would be available to respond to questions. MOTION ACTION: Motion by Commissioner Trigas and duly seconded that the Planning Commission adopt Item #I (CUP 87-1Oxl), Item #2 (CDP 01-25), Item #3 (CDP 01-32), and Item #4 (CUP OI-OG/CDP 01-18ISDP 80-1 l(D)). VOTE: 7-0-0 AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen. and Trigas NOES: None ABSTAIN: None PROOF OF PUBLICATION (2010 & 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 This space is for the County Clerk's Filing Stamp North County Times Proof of Publication of Notice of Public Formerly known as the Blade-Citizen and The / Times-Advocate and which newspa adjudicated newspapers of general the Superior Court of the County State of California, for the County that the notice of which the annex copy (set in type not smaller than been published in each regular and said newspaper and not in any sup1 on the following dates, to-wit: January 12, 2002 I certify (or declare) under penalty the foregoing is true and correct. Dated at San Marcos 14th this January, 2002 of CASE FILE CUP 01-06iCDP 01-18 CASE NAME: KING'S FISH HOUSE Legdl 71973. January 12,ZoDZ ~~ORTH COUNTY TIMES Legal Advertising m lZZrnl NOTICE OF PUBLIC HEARING DESCRIPTION: Request for the adoption of a Negative Declaration and the approval for a Conditional Use Permit and Coastal Development Permit to construct an 8,830 square foot restaurant on a 2.0 acre site. LOCATION: This project is within the City of Carlsbad's Coastal Zone located on the west side of Paseo Del Norte, north of Palomar Airport Road and south of Car Country Drive in the Coastal Zone and Local Facilities Management Zone 3. ASSESSOR'S PARCEL NUMBER 21 1-021-23 APPLICANT : Gary Mayeda 100 West Broadway, #550 Long Beach, CA 90802 A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on Tuesday, January 22, 2002 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 will be available on or after Friday, January 18, 2002. recommendation given, followed by public testimony, questions and a decision. Copies of the staff report City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., Friday 8:00 If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4613. APPEALS court, you may be limited to raising only those issues you or someone else raised at the public hearing If you challenge the Negative Declaration, Conditional Use Permit andlor Coastal Development Permit in described in this notice, or in written correspondence delivered to the City of Carlsbad, Attn: City Clerks Office, prior to the public hearing. 1. Appeals to the City Council: Where the decision is appealable to the City Council, appeals 2. Coastal Commission Appealable Project must be filed in writing within ten (IO) calendar days after a decision by the Planning Commission. [7 This site is located within the Coastal Zone Appealable Area. €a 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 (IO) working days after the Coastal Commission has 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 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402 CASE FILE CUP 01-06lCDP 01-18 CASE NAME: KING'S FISH HOUSE PUBLISH: SATURDAY, JANUARY 12,2002 KING’S FISH HOUSE CUP 01-OGICDP 01-18 NOTICE OF PUBLIC HEARING COMPLETE DATE: October 4,2001 DESCRIPTION: Request for the adoption of a Negative Declaration and the approval for a Conditional Use Permit and Coastal Development Permit to construct an 8,830 square foot restaurant on a 2.0 acre site. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located on the west side of Paseo Del Norte, north of Palomar Airport Road and south of Car Country Drive in the Coastal Zone and Local Facilities Management Zone 3. ASSESSOR’S PARCEL NUMBER: 211-021-23 APPLICANT: Gary Mayeda 100 W. Broadway, #550 Long Beach, CA 90802 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 [DATE] 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 [DATE]. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., 4613. Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- ... .. ... ... ... ... APPEALS If you challenge the Conditional Use Permit 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 prior to the public hearing. 1. ADDeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) 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. 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 (IO) working days after the Coastal Commission has 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 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: CUP Ol-OG/CDP 01-18 CASE NAME: KING’S FISH HOUSE PUBLISH: [DATE] Smooth Feed SheetsTM Use template for 5;!6?- CARLSBAD UNlF SCHOOL DlST 801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 LAFCO SAN DIEGO CA 92101 1600 PACIFIC HWY CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 U.S. FISH &WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 91 74 SKY PARK CT SAN DIEGO CA 92123-4340 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKSlCOMMUNlTY SERVICES CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG 401 B STREET STE 800 SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 Gary Mayeda LONG BEACH, CA 90802 100 W. BROADWAY #500 CITY OF CARLSBAD PUBLIC WORKSlCOMMUNlTY SERVICES CITY OF CARLSBAD MUNICIPAL WATER DISTRICT 12/31/2001 ~ .. AVERYm Address Labels Laser 5160@ JCINAS CA 92008 M TAYLO / SPK-PACIFIC VIEW PU LLC -211 AVEJUZJZ EE 2180 SAND HILL RD MENLO PARK CA 94025 ARLSBAD POINT CORP \N DIEGO CA 92177 '0 BOX 178870 4LOMAR:CO ;50 AVENIDA ENCINAS iRLSBAD CA 92008 PRENTISS PROPERTIES SUITE 400 DW TX 75220 3890 W NORTEWEST EWY PALOMAR CO UBITISS PROP $90 ORTBWEST RWY TX 75220 RTEUEST EWY TX 75220 RLSBAD PROPERTIES INC PENSION F 0 S VIRGIL AVE 5 S ANGELES CA 90020 L CB mCE m SUITE 106 5600 AVWIDA ENCINAS CARLSBAD CA 92008 CE CO THE LAKE DR AQUAH WA 98027 WINTER RAY TR FULLERTON CA 92831 1745 ROCKY RD PACIFIC SALES KITCHEN 2080 WASHINGTON AVE TORRANCE CA 90501 TER RAY TR BOX 290 .LAS TX 75221 RAY WImER SUITE 218 6725 MESA RIDGE RD SAM DIEGO CA 92121 CARLWART Le SUITE 100 5600 AVE ENCINAS CARLSBM CA 92008 TX 75220 AD CA 92008 SNYDER LEASING BALDWIN PARK CA 91706 13502 VIRGINIA AVE AD CA 92008 PATRICK D JACKSON 5900 PASTEUR CT 200 CARLSBAD CA 92008 CRAIG REALTY GROUP 1500 QUAIL ST SUITE 100 NEWPORT BEACE CA 92660 GAISER JAMES;DOROTHY TRUST 0 3340 RIDGECREST DR CARLSBAD CA 92008 GREEK VILLAGE L L C 6030 PASEO DEL NORTE CARLSBAD CA 92009 WINTER FAMILY PARTNERSHIP FULLERTON CA 92831 1745 ROCKY RD BROOKING DORIS TR VISTA CA 92084 375 SKYLINE DR HOEHN GROUP THE 5454 PASEO DEL NORTE CARLSBAD CA 92008 TOMJCMCO 1524 DORCAS ST SAN DIEGO CA 921 10 GRODY PROPERTIES L L C SHARP 621 1 BEACH BLVD 800 CHRYSLER DR BUENA PARK CA 90621 AUBURN HILLS MI 48326 DlRlTA INVESTMENTS PO BOX 91940 PASADENA CA 91 109 *** METROSCAN LABELS *** Date: 11/19/101 Sort: Parcel Number Processed: 8 Report: Laser 3 Across Labels PENSION F CARPENTERS P 0 BOX 17969 LOS ANGELES CA 90017-0969 OCCUPANT OCCUPANT OCCUPANT 840 PALOMAR AIRPORT RD CARLSBAD CA 92008 OCCUPANT OCCUPANT 5702 PASEO DEL NORTE 5600 PASEO DEL NORTE CARLSBAD CA 92008 CARLSBAD CA 92008 OCCUPANT OCCUPANT 5555 PASEO DEL NORTE 5434 PASEO DEL NORTE CARLSBAD CA 92008 CARLSBAD CA 92008 NOTICE OF PUBLIC HEARING COMPLETE DATE: October 4,2001 DESCRIPTION: Request for the adoption of a Negative Declaration and the approval for a Conditional Use Permit and Coastal Development Permit to construct an 8.830 square foot restaurant on a 2.0 acre site. LOCATION: This project is within the City of Carlsbad's Coastal Zone located on the west side of Paseo Del Norte, north of Palomar Airport Road and south of Car Country Drive in the Coastal Zone and Local Facilities Management Zone 3. ASSESSORS PARCEL NUMBER: 211-021-23 APPLICANT: Gary Mayeda 100 W. Broadway, #550 Long Beach, CA 90802 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 [DATE] 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 [DATE]. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 4613. .. ... ... ... .. APPEALS If you challenge the Conditional Use Permit and Coastal Development Permit in court, you may described in this notice, or in written correspondence delivered to the City of Carlsbad prior to be limited to raising only those issues you or someone else raised at the public hearing the public hearing. 1. ADDealS to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) 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. 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 (IO) working days after the Coastal Commission has 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 7575 Metropolitan Drive, Suite 103, San Diego, California 921 08-4402. CASE FILE: CUP Ol-OG/CDP 01-18 CASE NAME: KING’S FISH HOUSE PUBLISH: [DATE] KING’S FISH HOUSE CUP 01-OG/CDP 01-18