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HomeMy WebLinkAbout1984-04-11; Planning Commission; Resolution 2271., ?= a e 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A NON-RESIDENTIAL CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED EAS EL CAMINO REAL, SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO.: CP-273 WHEREAS, a verified application for certain propert) 7 wit: Portions of Lots B and E of Rancho Agua Hedionda,' ir the off ice of the County Recorder, May 1 , 19 15, in I 8 9 City of Carlsbad, according to Map thereof No. 823 j County of San Diego, State of California, 10 11 has been filed with the City of Carlsbad, and referred to thf Planning Commission; and 12 WHEREAS, said verified application constitutes a re( 13 WHEREAS, the Planning Commission did, on the 28th d4 14 provided by Title 21 of the Carlsbad Municipal Code; and public hearing as prescribed by law, to consider said reques 16 March, 1984, and on the 11th day of April, 1984, hold a duly 15 17 WHEREAS, at said public hearing, upon hearing and 18 /desiring follows: (B) That based on the evidence presented at the public hear 24 (A) That the foregoing recitations are true and correct. Commission hereby APPROVES CP-273, based on the followi 25 findings and subject to the following conditions: 26 :. 0 0 1 2) 2 3 4 5 6 7 3) a 9 LO 11 12 13 14 15 16 17 18 19 4) 2o 5) 21 22 23 6) 24 25 26 27 7) The site is physically suitable for the type and densit] development since the site is adequate in size and shapc accommodate the proposed development, as discussed in tl report . The project is consistent with all City public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that final map will not be approved unless the City Coun finds that sewer service is available to serve the project. In addition, the Planning Commission has condition that a note shall be placed on the final that building permits may not be issued for the pro unless the City Engineer determines that sewer serv available, and building cannot occur within the pro unless sewer service remains available, and the Pla Commission is satisfied that the requirements of th public facilities element of the general plan have met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provide will be required as conditions of approval. c) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit fee. Performance of that contract and payment of t will enable this body to find that public facilitie be available concurrent with need as required by tt general plan. The proposed project is compatible with the surroundins future land uses since surrounding properties are desic with compatible land uses or adequately buffered, as si the staff report. The granting of this permit will not adversely affect i be consistent with the code, the General Plan, applical specific plans, master plans, and all adopted plans of City and other governmental agencies, as discussed in i staff report. The proposed use at the particular location is necessal desirable to provide a service or facility which will contribute to the general well-being of the neighborhoc the community, as discussed in the staff report. Such use will not be detrimental to the health, safety general welfare of persons residing or working in the vicinity, or injurious to property or improvements in vicinity, as discussed in the staff report. 28 PC RES0 NO. 2271 -2- I I.. I/ 0 0 1 8) The proposed non-residential planned development meets i minimum development standards of the underlying zone, el 2 for lot area, as discussed in the staff report. 3 5) An Environmental Impact Report was recommended for certification for this project by the Planning Commissic 5 project. These impacts can either be mitigated or over: considerations exist as described below. 4 March 28, 1984. The EIR identified impacts from the prc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A. Traffic - The traffic section of the EIR indicates there will be a significant impact at the El Camin1 Real/College Boulevard and College Boulevard/A Strl intersections if these roads are constructed to ge plan standards. These impacts will be mitigated b use of additional turn lanes on College Boulevard Camino Real, the construction of an additional sig the A Street/College Boulevard intersection, and t of two right-turn-only accesses connecting A Stree Camino Real south of College Boulevard. B. Land Use - The potential for a significant impact o use exists between the large commercial shopping ar future residential areas and between the proposed residential area at the east end of the project and approved Carlsbad Ridge Project. Both of these are shown for future development, requiring amendments Specific Plan and allowing for future review and conditions. Provisions of the Specific Plan requir landscaping to buffer the proposed commercial/offic from adjoining land uses. The future residential development would be restricted to no more than 2 d This lower density should ensure compatibility with neighboring residential uses. C. Topography and Visual Aesthetics - Future developme proposed would result in significant alterations tc existing landforms. Most of the trees associated P oak-woodland are being preserved as open space. TI project has been altered to preserve most of the hi area just southwest of the creek. Additional gradj landscaping and design measures have been incorporz into the specific plan to reduce visual impact. 23 24 25 26 27 D. Air Quality - Identified impacts on air quality wot to be conisdered significant based on the Regional Quality Strategies. These impacts are cumulative : nature and true mitigation must occur on a regiona: The benefits of the proposed project in providing employment opportunities and revenues would over-r: cumulative aspects. //// 28 PC RES0 NO. 2271 -3- I '. . I/ 0 0 1 2 3 E. Archaeology - Five archaeological sites were found : project area which could be significantly affected 1 development. These sites will be required to be mil by a qualified archaeologist as a condiition of the specific plan. 4 5 6 4 5 6 7 8 9 10 7 8 9 10 11 12 13 14 F. Biology - The proposed project poses significant iq the biological resources of the site. The project been altered through the specific plan so the sensi riparian woodland area of the site will be fully pr in natural open space. G. Hydrology and Water Quality - Development within th year floodplain could cause significant impacts. N development is currently proposed in the floodplain Any development occuring in this area would be requ process a special use permit subject to future environmental review. H. Geology/Soils/Paleontology - Future development of property could be significantly affected by soil instability and development could also significant1 affect paleontological resources. A detailed geote is being required prior to the issuance of building permits and a qualified paleontologist will be requ monitor grading, pursuant to the Specific Plan. 15 Conditions: 16 1) Approval is granted for CP-273, as shown on Exhibits "A "B", dated March 28, 1984, incorporated by reference an 17 file in the Land Use Planning Office. Development shal substantially as shown, unless otherwise noted in these 18 conditions. 19 20 21 3) This project is approved upon the express condition the 22 building permits will not be issued for development of subject property unless the City Engineer determines tk 23 sewer facilities are available at the time of applicatj such sewer permits and will continue to be available ur 24 time of occupancy. This note shall be placed on the fi map . 2) This project is approved upon the express condition thz final map shall not be approved unless the City Council as of the time of such approval that sewer service is available to serve the subdivision. 25 //// 26 //// 27 //// 28 I/ PC RES0 NO. 2271 -4- 1. . 0 0 1 2 3 4 5 6 ~ ~ 4) This project is approved upon the express condition thal applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on filf the City Clerk and incorporated herein by reference, an( according to the agreements executed by the applicant f( payment of said fee, a copy of those agreements, dated ( 29, 1982, November 19, 1982, and February 25, 1983, are file with the City Clerk and incorporated herein by ref( If said fee is not paid as promised, this application w be consistent with the General Plan and approval for th project shall be void. 7 5) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicab 8 ordinances in effect at time of building permit issuanc 9 Land Use Planning Conditions 10 6) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein Planning Manager prior to the issuance of building perm 7) The applicant shall establish a owner's association and CC&R's shall be submitted to and approved by the Land U 11 site plan shall be submitted to and approved by the Lan 12 13 Planning Manager prior to final map approval. 14 corresponding covenants, conditions and restrictions. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of t final map. Said map shall show all lots and streets wi and adjacent to the project. 9) All landscaped areas shall be maintained in a healthy E thriving condition, free from weeds, trash, and debris. 10) The project shall provide bus stop facilities at locati subject to the satisfaction of the North County Transit trict. Said facilities shall at a minimum include a be free from advertising, and a pole for the bus stop sigr bench and pole shall be designed in a manner so as to r detract from the basic architectural theme of the projf said design shall be subject to the approval of the Lar Planning Manager and North County Transit District. 11) The project shall attempt to develop a ride to work and program for its employees with the North County Transit trict. Furthermore, the project shall attempt to limit staggering of worker shifts so as to facilitate the su( said program. 12) Approval of Condominium Permit No. 273 is granted subjc approval of Zone Changes 272 and 274, Tentative Tract P and Specific Plan 190. All conditions of approval for shall be incorporated into SP-190. PC RES0 NO. 2271 -5- a e a. . J. 13) 2 3 4 5 6 14) Prior to issuance of a building permit, the Building Dil shall review the architectural plans to ensure complianc the State of California interior noise standard of 45 CP absorption material, or shielding of vents) to further attenuate the noise to acceptable level shall be requirf Prior to issuance of a Building Permit, the developer SI enter into agreement for the operation of the hotel. SI agreement shall guarantee the operation of the project hotel use and payment of Transient Occupancy Tax. At that time, any additional measures (thicker glazing, 7 8 Engineering Conditions 9 15) The developer shall obtain a grading permit prior to th commencement of any clearing or grading of the site. 10 11 12 13 16) The grading for this project is defined as "controlled ing" by Section 11.06.170(a) of the Carlsbad Municipal Grading shall be performed under the observation of a c engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work the approved grading plan, submit required reports to t Engineer and verify compliance with Chapter 11 -06 of th Carlsbad Municipal Code. 14 15 16 17 18 17) Upon completion of grading, the developer shall insure "as-graded" geologic plan shall be submitted to the Cit Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correcti measures as actually constructed and must be based on a map which represents both the pre and post site grading plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent r I' 20 l18) No grading shall occur outside the limits of the subdiQ unless a letter of permission is obtained from the own€ 20) Additional drainage easements and drainage structures 5 22 19) All slopes within this project shall be no steeper thar 21 the affected properties. 23 24 25 26 provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer. 21 ) The developer shall pay the current local drainage are; prior to approval of the final map or shall construct c age systems in conformance with the Master Drainage P1: City of Carlsbad Standards as required by the City Eng: 27 //// 28 PC RES0 NO. 2271 -6- I t. e e 1 22) 2 3 4 5 6 The developer shall construct desiltation/detention basj a type and size and at locations as approved by the Citl Engineer, The developer shall enter into a desiltation maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval final map for this project. Each desiltation basin sha: serviced by an all weather access/maintenance road. Thc provisions of this agreement shall apply to any off-sit( borrow sites which may be utilized in the construction ( project as required by the City Engineer. 7 8 9 24) Land for all public streets and easements shown on the tative map shall be dedicated on the final map and shal 10 granted to city free and clear of all liens and encum- brances. I' 25) The developer shall comply with all the rules, regulatil 12 design requirements of the respective sewer and water a1 regarding services to the project. 23) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the ad jacei property prior to approval of the final map. 13 14 15 16 17 18 19 I 20 21 22 23 ~ I 24 25 26) The design of all private streets and drainage systems be approved by the City Engineer prior to approval of t final map. The structural section of all private stree shall conform to City of Carlsbad Standards based on R- tests. All private streets and drainage systems shall inspected by the city, and the standard improvement pla and inspection fees shall be paid prior to approval of final map. 27) All private streets and drainage systems shall be maint the owner's association in perpetuity. This responsibi shall be clearly stated in the CC&R's. 28) All concrete terrace drains shall be maintained by the association (if on commonly owned property) or the indi property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's. 29) Prior to the approval of a final map for this project t developer shall dedicate the required roadway rights-of shown on the tentative map within the tract map boundar obtain city approval of the design and enter into a sec agreement for the construction of the required public improvements. I 26 //// 27 //// 28 PC RES0 NO. 2271 -7- I 4. ii e 0 1 2 3 4 5 6 7 8 30) Prior to the issuance of any building permits for the PI the developer shall dedicate or obtain the dedication 0: onsite or offsite easements necessary to complete the improvement requirements stated within the text of the 1 plan (Exhibit "AI', dated March 28, 1984). In addition, developer shall obtain city approval of the design and into a secured agreement for the construction of the ret public improvements. 31 ) Prior to the occupancy of any building the developer sh, complete construction of all onsite and offsite public improvements necessary to serve the building and as out the text of the specific plan (Exhibit "Af1 , dated March 1984) to the satisfaction of the City Engineer. 9 32) The sewer system as shown on the tentative map is speci not approved. The complete system shall be designed in 10 conformance with a master sewer basin concept to the satisfaction of the City Engineer. The developer shall 11 city approval of the design, enter into a secured agree with the city for the construction and obtain any neces 12 offsite easements to complete the construction of the s improvements prior to the approval of any final map on 13 project. 14 15 plans shall be submitted to and approved by the Fire 16 Department. 17 x* 35) The applicant shall submit two (2) copies of a site pla 19 showing locations of existing and proposed fire hydrant on site roads and drives subject to the approval of the Marshall. Fire Conditions 33) Prior to the issuance of building permits, complete bui 34) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshall. 2o I 21 22 23 24 25 26 27 28 36) An all weather access road shall be maintained through0 construction. 37) All required fire hydrants, water mains and appurtenanc shall be operational prior to combustible building mate being located on the project site. 38) Any proposed security gate systems shall be provided wi "Knox" key operated override switch, as specified by th Department. 39) All fire alarm systems, fire hydrants, extinguishing sy automatic sprinklers, and other systems pertinent to th project shall be submitted to the Fire Department for a prior to construction. PC RES0 NO. 2271 -8- I .. -> 1' e e sprinklered or have four-hour fire walls with no opening therein which shall split the building into 10,000 sq.ft less) areas. contained in the City of Carlsbad Landscape Guidelines PASSED, APPROVED AND ADOPTED at a regular meeting of AYES : Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and NOES: None. ABSENT : None. ABSTAIN : None. 22 23 24 25 26 27 28 PC RES0 NO. 2271 -9-