HomeMy WebLinkAbout1984-07-25; Planning Commission; Resolution 2325@ I .. 1
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1 PLANNING COMMISSION RESOLUTION NO. 2325
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A RESOLUTION OF THE PLANNING COMMISSION OFYHE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN NO. SDP 83-11, TO CONSTRUCT A
HOTEL, DINNER THEATER, AND TWO FREESTANDING
RESTAURANTS ON PROPERTY LOCATED ON THE NORTH-
WEST CORNER OF 1-5 AND PALOMAR AIRPORT ROAD.
APPLICANT: PALOMAR & CO.
CASE NO: SDP 83-11
7 WHEREAS, a verified application has been filed wit
8 city of Carlsbad and referred to the Planning CommiSSiOn; all
9 WHEREAS, said verified application constitutes a re
10 as provided by Title 21 of the Carlsbad Municipal Code; and
11 WHEREAS, pursuant to the provisions of the Municipe
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consider said request on property described as: 13
the Planning Commission did, on the 25th day Of July, 1984,
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Parcel B of Parcel Map 642, in the City of Carlsbac
County of San Diego, State of California, a copy 01 was recorded October 12, 1971, at Recorder's File 1
234454 of Official Records, San Diego County;
l6 ll WHEREAS, at said hearing, upon hearing and considel
"[/testimony and arguments, if any, of all persons desiring to 18
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21 Commission of the City of Carlsbad as follows: 22
(A) That the foregoing recitations are true and correct. 23
(B) That based on the evidence presented at the public hea 24 the Commission APPROVES SDP 83-11, based on the follow
findings and subject to the following conditions: 25
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heard, said Commission considered all factors relating to S:
Development Plan No. 83-11.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Findings:
1) The project is consistent with all City public facilit
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a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that building permit will not be approved unless the Cit:
Council finds that sewer service is available to se the project. In addition, the Planning Commission
added a condition that building permits may not be
issued for the project unless the City Engineer determines that sewer service is available, and bui
cannot occur within the project unless sewer servic remains available, and the Planning Commission is satisfied that the requirements of the public facil
element of the general plan have been met insofar a
they apply to sewer service for this project.
8 I1 b) ~ll necessary public improvements have been provide will be required as conditions of approval.
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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 1 will enable this body to find that public facilitit
be available concurrent with need as required by tl general plan.
13 2) This project will not cause any significant environmenl
Use Planning Manager on June 18, 1984 and approved by . 14
impacts and a Negative Declaration has been issued by i
Planning Commission on July 25, 1984.
15 Conditions:
16 1) Approval is granted for SDP 83-11, as shown on Exhibit!
17 dated July 7, 1984, and "B'' - ".O", dated May 31, 1984,
incorporated by reference and on file in the Land Use 1
18 Office. Development shall occur substantially as show]
otherwise noted in these conditions. 19 2) This project is approved upon the express condition tht
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available to serve the subdivision. 21
final map shall not be approved unless the City Counci
as of the time of such approval that sewer service is
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3) This project is approved upon the express condition th building permits will not be issued for development of subject property unless the City Engineer determines t sewer facilities are available at the time of applicat such sewer permits and will continue to be available u
time of occupancy.
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PC RES0 NO. 2325 -2-
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4) This project is approved upon the express condition that
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 agreement executed by the applicant fol
payment of said fee, a copy of that agreement, dated Oc,
5, 1983, is on file with the City Clerk and incorporate4
herein by reference. If said fee is not paid as promisl
this application will not be consistent with the Genera
and approval for this project shall be void.
5) Approval of this request shall not excuse compliance wi all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of buildin
permit issuance.
9 Land Use Planning Conditions:
10 6) The applicant shall prepare a reproducible mylar of the
11 site plan incorporating the conditions contained herein
Planning Manager prior to the issuance of building pern site plan shall be submitted to and approved by the Lan
12 7) The applicant shall prepare a detailed landscape and ir
13 tion plan which shall be submitted to and approved by I
14 permits.
15 8) All parking lot trees shall be a minimum of 15 gallons
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17 thriving condition, free from weeds, trash, and debris,
Use Planning Manager prior to the issuance of building
size.
9) All landscaped areas shall be maintained in a healthy i
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10) Any signs proposed for this development shall be desig
conformance with the City's Sign Ordinance and shall r
review and approval of the Land Use Planning Manager p installation of such signs.
11) A uniform sign program for this development shall be s
to the Land Use Planning Manager for his review and ap prior to occupancy of any building.
12) Trash receptacle areas shall be enclosed by a six-foot
masonry wall with gates pursuant to City standards. L
Manager . I of said receptacles shall be approved by the Land Use
13) All roof appurtenances, including air conditioners, sk
architecturally integrated and shielded from view and sound buffered from adjacent properties and streets, E
to Building Department Policy No. 80-6, to the satisfz
the Land Use Planning Manager and Building and Plannir Director.
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14) No drive-thru facilities, including restaurants, shall permitted within the boundaries of this site developmen plan .
15) The proposed parking layout shall be redesigned so as t
separate compact and regular-sized spaces so that the t
not integrated within any single aisle. The total numb compact spaces on the site shall not exceed 20 percent total.
Engineering Conditions:
111 6) The developer shall obtain a grading permit prior to th 8 commencement of any clearing or grading of the site.
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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 (
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 1 Engineer and verify compliance with Chapter 11 -06 of tk
Carlsbad Municipal Code.
No grading shall occur outside the limits of the subdir unless a letter of permission is obtained from the own6 the affected properties.
Prior to the issuance of a grading permit, the haul rot shall be submitted for review and approved by the City
Engineer. A separate grading plan shall be submitted i approved and a separate grading permit issued for the 1 or disposal site if located within the city limits.
All slopes within this project shall be no steeper tha1
The developer shall exercise special care during the construction phase of this project to prevent any off-: siltation. The developer shall provide erosion contro: measures and shall construct temporary desiltation/detc basins of type, size and location as approved by the C.
Engineer. The basins and erosion control measures sha:
shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pi the start of any other grading operations. Prior to tl removal of any basins or facilities so constructed the served shall be protected by additional drainage facil slope erosion control measures and other methods requi. approved by the City Engineer. The developer shall ma
the temporary basins and erosion control measures for
of time satisfactory to the City Engineer and shall gu their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to t
Engineer.
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1 22) Additional drainage easements and drainage structures E
2 provided or installed as may be required by the County Department of Sanitation and Flood Control or the City
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23) The owner of the subject property shall execute a hold 4
neer.
harmless agreement regarding drainage across the ad j ace
5 property prior to approval of the building permits.
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24) Land for all public streets and easements shown on the
development plan shall be dedicated on the final map an
shall be granted to city free and clear of all liens an
encumbrances.
25) Direct access rights for all lots abutting Palomar AirF Road shall be waived prior to issuance of building perrr
26) Improvements listed in this section shall be installed,
agreed to be installed by secured agreement, by the developer and approved by the City Engineer, before the
issuance of any building permit. The developer shall c approval of the plans from the City Engineer and pay a1
associated fees and performance guarantees prior to iss of any building permit. The developer shall install sa improvements to the satisfaction of the City Engineer F to the issuance of a Certificate of Occupancy or occupa of any portion of the project for any purpose. To wit:
a) The portion of Avenida Encinas east of the median a
shown on Exhibit "AA", from the center of Palomar Airport Road northerly along the entire project fro plus the median and striping of the entire street fronting the project. Construction of the improvem of this sub item shall be done at the time the City Engineer so directs .
b) Sanitary sewers and laterals c) Water mains and laterals
d) Storm water facilities e ) Handicapped ramps
f) Street lights g) Street trees
27) The developer shall agree to participate in the formati and shall participate in an assessment or other distric
may be satisfactory to the Carlsbad City Council to fun the design and construction of the following improvemen
a) Signalization of the intersection of Palomar Airpor and Avenida Encinas b) Realignment of the 1-5 on/off ramp at Palomar Airpo Road c) Signalization of the 1-5 on/off ramps at Palomar Ai Road
d) Interconnection of traffic signals on Palomar Airpo Road between Paseo Del Norte and Avenida Encinas
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Realignment of the northbound Carlsbad Boulevard ac ramp and Solamar Drive
Widening of the 1-5 Freeway overpass for Palomar A: Road to four lanes and pedestrian walkways Realignment and widening of Carlsbad Boulevard in 1 vicinity of the Palomar Airport Road interchange
Signalization of the intersection of Palomar Airpol road and Carlsbad Boulevard
Realignment of the north and south merging lanes ol
Carlsbad Boulevard south of Palomar Airport Road
Widening of the Palomar Airport road railroad over] to four lanes and pedestrian walkways
Realignment, widening and reconstruction of Paloma]
Airport Road from the railroad overpass to Carlsbac
Boulevard
Construction of a beach access extension of Paloma:
Airport Road
Construction of an access road from Carlsbad Boule\ to the property laying south and east of the intersecion of Palomar Airport Road and Carlsbad
Boulevard Other improvements necessary to integrate the preceeding items.
If a method for funding the improvements listed in condition 28 is not established prior to the issuance (
the first building permit for this project, improvement
including, but not limited to, those listed in this set
shall be installed by the developer and approved by thc
City Engineer. The developer shall install, or agree 1 install and secure with appropriate performance guarant
the improvements prior to issuance of any building perr
If the developer agrees to install the improvements thc construction shall be completed before issuance of a Certificate of Occupancy or occupancy of any of the prc for any purpose. If a funding method for construction the improvements/standards for condition 28 is establi! later, the developer shall contribute to the funding program. The improvements include:
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0) Palomar Airport Road along its frontage with the pr
and continuing to the centerline of Avenida Encinas full width major arterial standards.
p) Signalization of the intersection of Palomar Airpor Road and Avenida Encinas. The cost of design and construction of this sub-item will be allowed to of
set public facilities funding fees that will be duc a part of the permit process for this project. If signalization is completed by some other person or agency the developer will be excused from this sub- and no credit for its completion will accrue to thc developer.
q) Transition sections on Palomar Airport Road betweer
Interstate 5 and the easterly line of the project .
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29) The developer shall comply with all the rules, regulatj and design requirements of the respective sewer and wat agencies regarding services to the project.
30) All private driveways shall be kept clear of parked veh at all times, and shall have posted "No Parking/Fire La Tow Away Zone" pursuant to Section 17.04.040, Carlsbad
Municipal Code.
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All onsite area lighting shall be directed downward. '1
type, output location and style of lights shall be
submitted for the City Engineer's approval with the gri
plans
All plans, specifications, and supporting documents for improvements of this project shall be signed and sealed
the Engineer in responsible charge of the work. Each s
shall be signed and sealed, except that bound documents
be signed and sealed on their first page. Additionally
first sheet of each set of plans shall have the followi certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for thi
project, that I have exercised responsible charge over
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 Worl my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St. :
Telephone:
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Date:
25 I1 R.C.E. NO. #
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Fire Conditions:
33) Prior to the issuance of building permits, complete bu:
plans shall be submitted to and approved by the Fire
Department.
34) Additional public and/or on site fire hydrants shall be
quired if deemed necessary by the Fire Marshal.
35) The applicant shall submit two (2) copies of a site plz
showing locations of existing and proposed fire hydrant on site roads and drives subject to the approval of the
Marshal .
36) An all weather access road shall be maintained throughc
construction.
10 37) All required fire hydrants, water mains and appurtenanc shall be operational prior to combustible building mate
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39) Due to minimal landscape setback along the 1-5, Palomar 14
Parks and Recreation Conditions: 13
38) Fire retardant roofs shall be required on all structure
Airport Road, and Avenida Encinas frontages, extensive
15 mature plantings shall be planted within these areas. detailed plan showing species, sizes, and locations sha
16 be approved by the Director of Parks and Recreation pril to approval of building permits.
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PC RES0 NO. 2325 -8-
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PASSED, APPROVED AND ADOPTED at a regular meeting c
Planning Commission of the City of Carlsbad, California, he1
/I the 25th day of July, 1984, by the following vote, to wit:
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5 /I AYES: Commissioners Marcus, Schlehuber, McFaddc
and Rawlins .
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ABSTAIN: None. 8
ABSENT: Commissioner Smith. 7
NOES : Chairman Rombotis and Farrow.
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ATTEST :
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LAND USE PLANNING MANAGER 15
/$prhg / ,flpd {r'? r&jl& >; MZCHA'EL JY EfOLZWILLERd&'
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PC RES0 NO. 2325 -9-