HomeMy WebLinkAbout1991-05-21; City Council; Resolution 91-1531
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RESOLUTION NO. 91-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SITE
DEVELOPMENT PLAN, CONDITIONAL USE PERMIT,
HILLSIDE DEVELOPMENT PERMIT AND 4 LOT
SUBDIVISION ON APPROXIMATELY 62 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE FOR THE PRICE CLUB PROJECT CASE NAME: PRICE CLUB
CASE NO.: SDP 90-5/CUP 90-3/HDP 90-9/MS 837
WHEREAS, on April 3, 1991 the Carlsbad Pla
Commission held a duly noticed public hearing to consic
proposed Site Development Plan (SDP 90-5), Conditional Use I
(CUP 90-3), Hillside Development Permit (HDP 90-9) and
Subdivision (MS 837) for a Price Club project on 62 acr
property generally located south of Palomar Airport Road an(
of Paseo del Norte at the. At the conclusion of the hearii
Commission adopted Resolutions Nos. 3209, 3210, 3211 and
recommending to the City Council that the Site Development
(SDP 90-5), Conditional Use Permit (CUP 90-3), Hillside Develc
Permit (HDP 90-9) and Minor Subdivision (MS 837) respective
approved; and
WHEREAS, the City Council of the City of Carlsbad,
7, 1991 held a duly noticed public hearing to conside
Commission's recommendations and heard all persons interes
or opposed to SDP 90-5/CUP 90-3/HDP 90-9/MS 837; and
WHEREAS, the City Council on May 21, 1991 by adopt
Resolution No. 91-152 approved a Conditional Negative Decle
in compliance with the City of Carlsbad Environmental Prot
Ordinance and the California Environmental Quality Act,
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
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1. That the above recitations are true and correc
2. That the Site Development Plan (SDP 90-5) o
above referenced project is approved and that the finding
conditions of the Planning Commission contained in Resolutic
3209 marked Exhibit A attached hereto and made a part hereo
the findings and conditions of the City Council except
Conditions No. 57, 63, 64, 66 and 72 are revised and tw
conditions are added as contained in the Planning Dire(
memorandum of May 10, 1991 attached as Exhibit B hereto and I
part hereof.
3. That the Conditional Use Permit (CUP 90-
approved and that the findings and conditions of the Plr
Commission contained in Resolution No. 3210 marked Exhibit (
attached hereto and made a part hereof are the finding
conditions of the City Council.
4. That the Hillside Development Permit (HDP 90.
approved and that the findings and conditions of the PI
Commission contained in Resolution No. 3211 marked Exhibit
attached hereto and made a part hereof are the findinc
conditions of the City Council.
5. That the Minor Subdivision (MS 837) is approv
that the findings and condition of the Planning Comm
contained in Resolution No. 3212 marked Exhibit E and at
hereto and made a part hereof are the findings and conditi
the City Council except as follows:
A. No vehicular access shall be permitte
Parcel 1 to Paseo del Norke. The documents for MS 837 sh
revised to comply with this condition to the satisfaction
City Engineer and Planning Director.
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B. Delete condition number 24.
PASSED, APPROVED AND ADOPTED at a Regular Meeting c
21st day of 2 City Council of the City of Carlsbad on the
1990, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard and Stanton
NOES: Council Members Kulchin and Larson
ABSENT: None
ATTEST:
_aa_p3tx, $. k>P-. ALETHA L. RAUTENKRANZ, City Cqerk
(SEAL)
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1' PWWNENG COMMISSION RESOLUTION NO. 3209
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APPROVAL OF SITE DEVELOPMENT PLAN NO, SDP 90-5 TO CONSTRUCT A 121,388 SQUARE FOOT PRICE CLUB
DISCOUNT STORE CONTAINING A TIRE CENTER, OPTICAL
CENTER AND A SMAU EXTERIOR EATING ESTABLISHMENT
AS WELL AS TWO GRADED PADS FOR FUTURE
DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF
PASEO DEL NORTE.
I.2 WHEREAS, said verified application constitutes a request as provided 1 I I
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I I WHEREAS, at said public hearing, upon hearing and considering all te:
I and arguments, if any, of all persons desiring to be heard, said Commission consic'
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factors relating to SDP 90-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con:
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Cod:
RECOMMENDED APPROVAL of SDP 90-5, based on the following findings
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I Findings:
1. That the requested use is properly related to the site, surroundings envhnmentd settingS, is consistent with the various elements and objectives I
general plan, will not be detrimental to existing uses or to uses sped permitted in the area in which the proposed use is to be located, and wi
adversely impact the site, sumomdings or traffic &adation as the StrUCh
located an adequate distance from the access points to the property allowit
good on-site circulation and vehicle queuing so as to not impact adjacent road
The truck area which has the greatest potential to impact adjacent uses is lc
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1 2. That the site for the intended use is adequate in size and shape to accommodi use as the project proposes 977 parking spaces while the Zoning Ordinance re
450. This equates to 46 percent more parkkg than required by code
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Urban Systems Associates, hc. and reviewed by sta of the Eugbkl
Planning Departments. The required circulation system improvements are b the results of that report as well as data and plans in the possesion 1 1 Engineering Department.
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11 ! 8. Park-in-lieu fees are required as a condition of approval.
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Commission has considered the initial study, the staff analysis, all
mitigation measures and any written comments received regarding the si1
effects this project could have on the environment.
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14. The applicant is by condition, required to pay any increase in public facility
new construction tax, or development fees, and has agreed to abide t
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created by the project.
This project is consistent with the City's Growth Management Ordinance a!
been conditioned to comply with any requirement approved as part of thc
Facilities Management Plan for Zone 5.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (
Ordinance) and meets all the requirements of that Chapter to ensure the SI
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February 13, 1990, a copy of which is on file With the City Clerl
incorporated by this reference. If the fees are not paid this application w consistent with the General Plan and approval for this project will be voj
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..a. l i 1 PCRESONO. 3209 . -4- ! I
6' I I amendments made to that Plan prior to the issuance of building pennits.
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Director approval. All lighting shall be designed to reflect downward and i
impacts on adjacent homes or property.
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PC RES0 NO. 3209 -5- 27
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15. No outdoor storage of material shall occur onsite unless required by the Fire C
1 In such instance a storage plan will be submitted for approval by the Fire Chie
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16. The applicant shall prepare a detailed landscape and irrigation plan which sh( submitted to and approved by the Planning Director prior to the issuance of g~
or building permits, whichever occurs first.
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All parking lot trees shall be a minimum of a 24 inch box in size.
All landscaped areas shall be maintained in a healthy and thriving conditior
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40-fOOt intervals
all public street frontages in conformance with City of Carlsbad standards
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submitted per the landscape plan check procedures on file in the Pk I I Department. I 21. Landscape plans shall be designed to minimize water use. Lawn and other i
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26. The first set of landscape and irrigation plans submitted shall include buildin
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed conto
shall match the grading plans in terms of scale and location of improveme
27. i i pc RESO NO. 3209
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28. The minimum shrub size shall be 5 gallons.
I Director for his review and approval prior to occupancy of any building.
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2. Urban pollutants such as oils that are deposited on the parking lot s
automobiles shall be removed hm waters leaving the site by
drainage through an oil trap subject to the approval of the City 1 The oil trap shall be shown on the gradhghprovement plan
project and be operational prior to occupancy of any permmmt bt
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The developer shall provide conclusive proof that the proposed polluta
will be effective in removing storm water based pollutants. ~n 1
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I providing the required supporting documentation, a three year moni program to evaluate the effectiveness of the proposed pollutant trap s
established to the satisfaction of the City Engineer and paid for
6/ a) Widen and reconstruct the improvements at the intersec
Palomar Airport Road and Paseo Del Norte in order to provi
left turns on the north, south and east legs of the inte
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of Pdom Airport Road and Paseo Del Norte including app
traffic signing and striping.
AU improvements and work shall be coordinated w
improvements to the interchange at 1-5.
Construct an appropriate acceleration/deceIerationlane dong
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17 d) construct full signalized intemxtion on Pdomar Airport Ro
east entrance of the Price Club Site including the addition of ,
23 b) Old tires removed at the tire center shall be stored inside thf
No outdoor tire storage will be permitted. 1
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IS of application for water service and will continue to be available until ti I OCCUpancy.
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25 1 41. The developer shall comply with all the rules, regulations and design require
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42. The developer shall be responsible for coordination with S.D.G.&E., Pacific
phone, and Cable TV authorities.
This project is located in Zone 5 Local Facilities Management Plan. Recent monitoring has revealed that Palomar Airport Road from El Camino Real
eastern City limit falls below the adopted performance standard. Therefore
to the issuance of a building permit, the owner shall participate in the guarar
a proportional share of the cost of improving this segment of Palomar Airport
The applicant shall agree to utilize reclaimed water, in Type I form, on the :
property in all common areas as approved by the City Engineer. Reclaimed
as defined in Section 1305(n) of the California Water Code, means water wh
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8i a result of treatment of wastewater, is suitable for a direct beneficial use c
trolled use that would not otherwise occur.
Pretreatment of the sanitary sewer discharge from this project may be requir addition to the requirements for a sewer connection permit the develope]
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Codc
developer shall apply for an industrial waste water discharge permit concu
with the building permit for this project. No Certificates of Occupancy f
project will be issued before the industrial waste discharge permit appli
requirements have been met, all applicable fees paid and permit issued.
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I? proved grading plans. I
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hauling operation. 24 1 50. The developer shall exercise specid care during the construction phase (
project to prevent offsite siltation. Planting and erosion control shall be prc
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i PC RES0 NO. 3209 -10-
in accordance with the Carlsbad Municipal Code and the City Engineer. Refel
Engineer.
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give written consent to the annexation of the area shown within the boundar the site plan into the existing City of Carlsbad Street Lighting and Landsc I I
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~ 1 57.
prior to discharge. Plans for such improvements shall be approved by the
Engineer prior to issuance of grading or building pennit.
Plans, specifications, and supporting documents for all improvements shz
prepared to the satisfaction of the City Engineer. Prior to approval of the ha in accordance, with City Standards the Developer shall install, or agree to i
and secure with appropriate security as provided by law, improvements shov
the site plan and the following improvements:
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PC RES0 NO. 3209 -11-
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A. Sidewalks and street lights along the entire project frontage along Pi
Airport Road.
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D. A 12’ acceleratioddeceleration lane along the eastbound lanes of Pi
Airport Road from the proposed signalized intersection on the east en(
and including any necessary offsite length and transition beyond the M
24 submit and receive City and water district approval for appropriate wi improvement plans and easements. All improvements shall be desig
conformance with City and Water District Standards, plancheck and inspecti i
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60. The structural section for the private driveway and parking lot isle must be de
with a traffic index of 5.0 in accordance with City Standards due to a truck I through the parking lot and/or aisles with an ADT greater than 500.
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drain improvements.
1 61. Inigation system to accommodate future reclaimed water shall be designed
I 7 62. The Price Club shall be closed for business from 4 P.M. to 6 P.M. Monday t!
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11 any newsletters or adv ertisements published. Signs to notify patrons of the
to 6 P.M. Monday through Friday closure shall be approved by the City EI
and Planning Director and be installed prior to the issuance of an occupancy 1
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in the maintenance and insurance costs.
1) The first easement will be granted to the Caltrans property from b
west and the east driveways onto Palomar Airport Road. Specifics 25
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1 PC RES0 NO. 3209
easement shall be 30 feet in width from said westerly driveway s
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Caltrans' northefly boundq, then following the westerly driveway as s
on the tentative parcel map southerly into the Price club site
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intersection with the main east/west parking lot driveway. Then e
along the main easvwest driveway to its intersection with the main en1 driveway to Palomar Airport Road. Then northerly up the centerline (
main entrance driveway to its intersection with Palom Airport Roac
The second easement shall alS0 be granted to the caltrans property to
Del Norte. Specifically, the easement shall be 30 feet in width fro Caltrans southerly boundary following the driveway between the price
building and the mast westerly &ce Club parking lot southerly unt
reach Paseo Del Norte.
The third easement will be granted to the Nursexyland property fron
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tentative parcel map southerly as described in the "first easement" desa I to Palomar Airport Road. 1 67. A 20 foot wide public sewer easement shall be offered for dedication on the
I.7 68. Approval of SDP 90-5 is granted subject to the approval of MS 837. All con(
of approval of MS 837 are incorporated herein by reference. I
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to satisfy the Public Facilities Element of the General Plan. At this time a 1
Roos Community Facilities Mct is proposed to finance the construction of s
Citywide facilities necessary to serve new development. If the Mellc
is formed but the Zone 5 properties are not partiapants within that Distric
required General Plan Consistency findings cannot be made. No discret
approvals, Building Permits, Grading Pdts, Final Maps, or development p
the developer and approved by the City Council to finance the facilities 1
facilities District. For purposes of this condition the Mdo-Roos Dkict Y
considered to be fomed following an affirmative vote of the property owna
I Community Facilities District is not formed, or if the Community Facilities C
i 1 will be issued or approved unless an alternate financing mechafllsm isprovk
applicable to Zone 5 that would have been or are included in the Corn i 1 i I
1 PC RES0 NO. 3209 -14- 1
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7 southerly to main east/west onsite driveway.
81 2. Along the north side of the service drive from Paseo Del Norte northc
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Prior to issuance of a grading permit, the developer shall enter into a sf
agreement with the City regarding the implementation of an Urban Pol
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1 Fire Conditions: 1 1 74. Prior to the issuance of building permits, complete building plans shall be subr
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1 76. An all-weather access road shall serve the project during construction.
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3l Munfcipd Code.
79. Plans and/or specifications for fire alarm sptstems, fire hyhts, extingu
systems, automatic sprinklers, and other systems pertinent to the project SI
submitted to the Fire Department for approval prior to construction.
Buildings having an aggregate floor area exceeding 10,OOO quare feet sh
protected by an automatic sprinkler system.
80.
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400’ scale rn Photo reduction on mylar I
I At least two existing streets and/or intersections shall be referenced (
map (not a separate vicinity map)
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City Fire Marshal and review the preliminary water system layout pn
preparation of the water system improvement plans.
The developer will be responsible for all fees and deposits plus the major fi
charge which will be collected at time of issuance of building permit. The dew
shall pay a San Diego Cbunty Water Authority capacity charge which w
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PC RES0 NO. 3209 -16- 27
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collected at issuance of application for meter installation.
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I 1 PC RES0 NO. 3209 I
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L MAY 10, 1991
TO : CITY ATTORNEY
FROM: Planning Director
CITY COUNCIL REVISIONS FOR THE PRICE CLUB PROJECT
The following list reflects the changes that should be made to th
conditions of approval for the Price Club project based on th Council's action at the May 7, 1991 meeting:
1) Add the following new condition to the Site Development Plan
No vehicular access shall be permitted from the Price Clu
site, proposed Parcel 1 as shown on the Tentative Parcel Ma
€or Minor Subdivision No. 837, to Paseo del Norte. The projec plans shall be revised to comply with this condition to th satisfaction of the City Engineer and Planning Director.
Add the following condition to the Site Development Plan:
The architecture for the Price Club shall be enhanced so as ti
contain building treatments and/or materials representative o high end non-residential structures located in the Paloma
Airport Road Corridor. Revised plans for the buildinc
elevations shall be approved by the City Council prior to thc
issuance of building permits.
3) Delete condition 57 F. of Planning Commission Resolutio
number 3209.
4) Delete Condition 63 of Planning Commission Resolution numbe
5) Delete Condition 64 of Planning Commission Resolution numbe:
2)
3209.
3209 and replace it with the following condition:
All trucks leaving the site shall use the main signalize( intersection onto Palomar Airport Road. The site plai shall be revised to comply with this condition to tht satisfaction of the City Engineer and Planning Director
6) Revise condition 66 of Planning Commission Resolution numbei
3209 as follows:
A) Change the word I1three1l to two.
B) Delete the number two condition.
03; a)
. CITY ATTORNEY
PAGE 2
MAY 10, 1991
C)
D)
Change the number three condition to number two.
Add a new paragraph following the above reference
section to contain the information listed in th
May 2, 1991 memorandum to the City Manager from th
Community Development Director (copy attached):'
7) Revise Item 2 of Condition No. 71 of Planning Commissio Resolution No. 3209 to read as follows:
From Paseo del Norte northerly to the south end of th employee parking lotto the satisfaction of the City Enginee and Planning Director.
X&XXXJXXTRXXIXlXkEX~XEpnppo~E~~~~ 'c?DxmXx&BI R~XXXBE2E%EXxxzWmmm a.
XXXPX
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MICHAEL J. HOLZMILLER
Planning Director
Attachment
MJH: DN : arb
c: Assistant City Engineer Senior Planner Neu
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May 2, 1991
TO: CITY MANAGER
FROM: Community Development Director
]Price Club - Proposal to amend Condition No. 66
Staff is recommending that Condition No. 66 for Price Club be amended to add tht
following:
The easement documents shall be worded such that the grant is not effective
until the following conditions are met:
A. The use of the easement by either property is compatible with the
cornrnercial use of the Price Club property with regard to vehicle types,
trafic generation rates and adherence to traffic rules as determined
by the City.
The owner of the adjacent property agrees to share in the cost of
maintenance and insurance based upon a pro-rata share of traffic
B.
using the easements.
C. The owner of the adjacent property agrees to hold the Price Club harmless from any liability associated with the adjacent property
omers use of the easement, and maintain independent liability
insurance coverage.
For the Nurseryland property only, one or both of the existing
driveways on the Nurseryland property are closed to the satisfaction
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I of the City.
Staffs primary motivation in amending the erristing condition is to clarify that utilization of
the easement by adjacent properties is anticipated to occur only at the time those properties
develop, not necessarily with development of Price Club.
MARTY ORENYAK
M0:CH
Attachment
C. Planning Director
City Engineer
PLANNING COMMISSION RESOLUTION NO. 3210
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APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR FOOD CONCESSIONS ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR
AIRPORT ROAD EAST OF PASEO DEL NORTE.
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CASE NAME: PRICE CLUB
CASE NO: CUP 90-3
WHEREAS, a verified application has been filed with the City of Ca
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and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provic
I 1 I Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Pla
Commission did, on the 3rd day of April, 1991, hold a duly noticed public hear
consider said application on property described as:
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17 WHEREAS, at said public hearing, upon hearing and considerir I I
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I considered all factors relating to CUP 90-3. j NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn 1
of the City of Carlsbad as follows:
A)
€3)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Cornmi
RECOMMENDS APPROVAL of CUP 90-3, based on the following finding:
subject to the following conditions:
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Findins:
permitted in the zone in which the proposed use is to be located beca
compliments the Price Club retail function, provides a convenient semi I
7 requjred parking has been provided.
81 3. That all of the yards, setbacks, walls, fences, landscaping, and other fe,
necessary to adjust the requested use to existing or permitted future uses I
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development of the Price Club project site.
Approval is granted for CUP 90-3, as shown on Exhibit(s) "A" - "N", dated A
1991, incorporated by reference and on file in the Planning Deparr
Development shall occur substantially as shown unless otherwise noted in
conditions.
Approval of CUP 90-3 is granted subject to the approval of GPA 90-1, LCPA
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3. ZC 90-1, SDP 90-5, HDP 90-9 and MS 837.
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PC RES0 NO. 3210 -2-
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4. The food concessions permitted on the site by CUP 90-3 as shown on exhibit "N", dated April 3,1991 shall have their hours of operations limited to the
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to be used by customers for sit down outdoor eating. Additional tables fol
preparation such as condiments may be pexmitted and will not be included a
of the maximum of 6 tables allowed.
A total of 9 parking spaces are required for the food concessions use. 6.
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not be effective and permits shall not be issued until this notice is recorded
Office of the County Recorder. I i
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ROBERT. j
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1 PC RES0 NO. 3210
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MICHAEL J. HOLZbkkE R 1 PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3211
A RESOLUTION OF THE PLANNING COMMISSION OF THE
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PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE.
CASE NAME: PRICE CLUB
6 7l WHEREAS, a verified application for certain property to wit:
Parcel "A" of Parcel Map No. 2949, together with a Portion
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I 1 Title 21 of the Carlsbad Municipal Code; and
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I I consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimon
arguments, if any, of all persons desiring to be heard, said Commission consider6 Ij
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1 as follows:
1 A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commi
subject to the following conditions:
RECOMMENDS APPROVAL of HDP 90-9, based on the following findings
Findings: I
1. All findings of the Conditional Negative Declaration, Resolution No. 3205
SDP 90-5, Resolution No. 3209, are incorporated herein by refmce.
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2. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hi1
Ordinance) and meets all the requirements of that Chapter to ensure the sens
treatment of the City's hillside resources.
The net grading amount of 4,960 cubic yards per acre falls within the accepi
range required by the Hillside Development Ordinance.
The project will not create manufactured slopes greater than 30 feet in heig
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Conditions : : [ 1. All conditions of the Conditional Negative Declaration, Resolution No. 3205,
SDP 90-5, Resolution No. 3209, are incorporated herein by reference. Refc
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Development shall occur substantially as shown unless otherwise noted in tl
Approval of HDP 90-9 is granted subject to the approval of GPA 90-1, LCPA 9
I I conditions.
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PC RES0 NO. 3211 -2- '
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PLANNING COMMISSION RESOLUTION NO. 3212
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MINOR SUBDMSION TO CREATE FOUR
PARCELS ON 62 ACRES ON PROPERTY GENERALLY
ROAD EAST OF PASEO DEL NORTE.
CASE NAME: PRICE CLUB
CASE NO.: MS 837
WHEREAS, a verified application for certain property to wit:
Parcel "A" of Parcel Map No. 2949, together with a Portion of
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LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT
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WHEREAS, said verified application constitutes a request as provided by 7
20 and 21 of the Carlsbad Municipal Code; and 13 i
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WHEREAS, at said public hearing, upon hearing and considering all testim
land arguments, if any, of all persons desiring to be heard, said Commission considered
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Codss
ias follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commiss
recommends APPROVAL of MS 837, based on the following findings and subjecl
the following conditions:
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Findings:
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condition to pay a public facilities fee. Performance of that contract and pay
of the fee will enable this body to find that public facilities will be avail
concurrent with need as required by the General Plan.
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8. The applicant is by condition, required to pay any increase in public facility fee
new construction tax, or development fees, and has agreed to abide by
additional requirements established by a Local Facilities Management Plan prepa
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ens
continued availability of public facilities and will mitigate any cumulative imp:
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PC RES0 NO. 3212 -2- I I
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Facilities Management Plan for Zone 5.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hi1 Ordinance) and meets all the requirements of that Chapter to ensure the sens
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treatment of the City's hillside resources.
Conditions:
1. Approval is granted for MS 837, as shown on Exhibit(s) "Att - "N", dated Apr
1991, incorporated by reference and on file in the Planning Departm
Development shall occur substantially as shown unless otherwise noted in t
conditions.
The developer shall provide the City with a reproducible 24" x 36', mylar COF , 2.
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I submitted to the City Engineer prior to building, grading or improvement 1
submittal, whichever occurs first.
This project is approved upon the express condition that building permits will 3.
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sewer permits and will continue to be available until time of occupancy. This 1 shall be placed on the final map.
This project is also approved under the express condition that the applicant paj
public facilities fee adopted by the City Council on July 28, 1987 and as amer
from time to time, and any development fees established by the City Cou
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordina
adopted to implement a growth management system or facilities and improven
plan and to ~LIKU the subdivider's agreement to pay the public facilities fee d:
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5. The applicant shall pay park-in-lieu fees to the City, prior to the approval of final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
Water shall be provided to this project pursuant to the Water Service agreen
between the City of Carlsbad and the Carlsbad Municipal Water District, dated F
25, 1983 subject to availab@ty.
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PC RES0 NO. 3212 -3-
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I ! 7. This project shall comply with all conditions and mitigation measures which
be required as part of the Zone 5 Local Facilities Management Plan and amendments made to that Plan prior to the issuance of building permits. 21
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invalid this approval shall be invalid unless the City Council determines tha
project without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zc
Ordinance and all other applicable City ordinances in effect at time of final
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approval.
11 En~neerhg Conditions:
12 1 11. The applicant may request a review of the preliminary conditions within (10)
of the date of this approval. The request must be submitted in writing to the
15 12. The tentative parcel map approval shall expire two (2) years from the date o
letter containing the final decision for tentative parcel map approval.
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I 15. The developer shall submit proof of a California State Coastal Commission pt
prior to parcel map approval.
All required fees and deposits shall be paid prior to parcel map recordation.
attached list.)
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17. The developer shall pay the local Drainage Area Fee pnor to approval of the
map. Area No. 11.
Prior to approval of the parcel map the developer shall pay and/or enter ii agreement with the City to pay any drainage area fees established as a result
forthcoming Master Drainage Plan Update.
The subdivider shall be responsible to pay the recording fees for all agree]
easements and documents required for this project.
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20. This project is approved upon the express condition that building permits w
be issued for development of the subject property unless the City Engineer
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ing drainage across the adjacent property prior to approval of the parcel m
this project.
Grading in advance of final map may be allowed subject to City Engineer ap:
in accordance with Chapter 11.06 Carlsbad Municipal Code and departr
Approval of MS 837 is granted subject to the approval of SDP 90-5/CUP 90-2
90-9/GPA 9O-l/ZCA 9O-l/and LCPA 90-2. All conditions of approval of the
mentioned applications are incorporated herein by reference.
Prior to parcel map approval the developer shall grant a covenant of easemc
access to Parcel 1 over the service drive through Parcel 3 to Paseo Del Norte
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policy.
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covenant of easement shall be shown and recording information called out I '
/ parcel map-
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20 of the Carlsbad Municipal Code. This note shall be placed on a separate
of the parcel map. No grading @ts or building permits shall be issued c
designated remainder parcel without prior approval of the City and CI
Commission. This note shall be placd on a separate sheet of the parcel ma
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PC RES0 NO. 3212 -5-
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t 26. Per State laws governing the associated Palomar Airport Road Assessment D
1 AD 86-1, a segregation of the assessments to the subject property must be a
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1:
Commission of the City of Carlsbad, California, held on the 3rd day of April, 1991,
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11 following vote, to wit:
AYES: Commissioners: Schlehuber, Schramm, McFadden, Ma
(1 Hall.
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