HomeMy WebLinkAbout1984-08-08; Planning Commission; Resolution 2323- 4,
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PLANNING COMMISSION RESOLUTION NO. 2323
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 121-UNIT SENIOR RESORT HOTEL ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF 7204 PONTO DRIVE. APPLICANT: PACIFIC RIVIERA
CASE NO: CUP-239
WHEREAS, a verified application has been filed wit!
City of Carlsbad and referred to the Planning Commission; a
WHEREAS, said verified application constitutes a r8
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municip
the Planning Commission did, on the 11th day of July, 1984
the 8th day of August, 1984, hold a duly noticed public hea
consider said application on property described as:
, A portion of the south two-thirds of Lot 4 of Sect
Township 12 South, Range 4 West, San Bernardino Me in the City of Carlsbad,
WHEREAS, at said hearing, upon hearing and conside
testimony and arguments, if any, of all persons desiring tc
heard, said Commission considered all factors relating to C
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr
~ Commission of the City of Carlsbad as follows: I
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hear
Commission APPROVES CUP-239, based on the following fir
~ and subject to the following conditions:
Findings
1) The site is physically suitable for the type and dens:
the development since the site is adequate in size anc to accommodate residential development at the density posed.
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2) The project is consistent with all City public facilitq icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, insured that building permits will not be approved unless the Cj
Council finds that sewer service is available to SE 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 facilitic
be available concurrent with need as required by tk general plan.
3) The requested use is necessary or desirable for the
development of the community, is essentially in harmonq the various elements and objectives of the general plar is not detrimental to existing uses or to uses specific
permitted in the zone in which the proposed use is to 1
located .
4) The site for the intended use is adequate in size and E to accommodate the use.
5) All of the yards, setbacks, walls, fences, landscaping,
other features necessary to adjust the requested use tc existing or permitted future uses in the neighborhood B provided and maintained.
6) The street system serving the proposed use is adequate
properly handle all traffic generated by the proposed I
7) This project will not cause any significant environment
impacts and a Negative Declaration has been issued by 1 Use Planning Manager on June 18, 1984 and approved by I
Planning Commission on July 11, 1984.
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PC RES0 NO. 2323 -2-
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Conditions:
1) Approval is granted for CUP-239, as shown on Exhibits
on file in the Land Use Planning Off ice. Development occur substantially as shown unless otherwise noted in conditions.
11 A II - II G n , dated August 8, 1984, incorporated by refer
2) 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 c time of occupancy.
3) This project is approved upon the express condition tl-
applicant shall pay a public facilities fee as require
City Council Policy No. 17, dated April 2, 1982, on fj the City Clerk and incorporated herein by reference, z according to the agreement executed by the applicant 1
payment of said fee, a copy of that agreement, dated C 25, 1983, is on file with the City Clerk and incorpore herein by reference. If said fee is not paid as promi this application will not be consistent with the Genev and approval for this project shall be void.
4) Approval of this request shall not excuse compliance P
sections of the Zoning Ordinance and all other applice ordinances in effect at time of building permit issuar
Land Use Plannins Conditions: -
5) The applicant shall prepare a reproducible mylar of tk site plan incorporating the conditions contained herej site plan shall be submitted to and approved by the Le
Planning Manager prior to the issuance of building per
6) The applicant shall prepare a detailed landscape and j
tion plan which shall be submitted to and approved by
Use Planning Manager prior to the issuance of buildin? permits.
7) All parking lot trees shall be a minimum of 15 gallons
size.
8) All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debri:
9) Any signs proposed for this development shall be desi? conformance with the City's Sign Ordinance and shall 1 review and approval of the Land Use Planning Manager 1
installation of such signs.
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PC RES0 NO. 2323 -3-
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12)
Trash receptacle areas shall be enclosed by a six-foot
masonry wall with gates pursuant to City standards. I
of said receptacles shall be approved by the Land Use Manager.
All roof appurtenances, including air conditioners, sk
architecturally integrated and shielded from view and
sound buffered from adjacent properties and streets, I
to Building Department Policy No. 8Q-6, to the satisf;
the Land Use Planning Manager and Building and Plannir
Director.
This conditional use permit is granted for a period oJ
years. This conditional use permit shall be reviewed
Land Use Planning Manager on a yearly basis to determi all conditions of this permit have been met and that 1 does not have a significant detrimental impact on sur] ing properties or the public health and welfare. If 1 Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommf
the Planning Commission, after providing the permittet
opportunity to be heard, add additional conditions to
the significant adverse impacts. This permit may be 1 at any time after a public hearing, if it is found th;
use has a significant detrimental affect on surroundir
uses and the public's health and welfare, or the cond: imposed herein have not been met. This permit may be for a reasonable period of time not to exceed five ye; written application of the permittee made not less thi days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses 01 public's health and welfare will result because of thc continuation of the permitted use. If a substantial i affect on surrounding land uses or the public's healtl welfare is found, the extension shall be considered a: original application for a conditional use permit. TI no limit to the number of extensions the Planning Corn
may grant.
21 Engineering Conditions: I! 22
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13) The developer shall obtain a grading permit prior to !
commencement of any clearing or grading of the site.
14) The grading for this project is defined as "controllec
ing" by Section 11.06.170(a) of the Carlsbad Municipa:
Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordinai inspection and testing to insure compliance of the WOI the approved grading plan, submit required reports to Engineer and verify compliance with Chapter 11.06 of . Carlsbad Municipal Code.
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No grading shall occur outside the limits of the subdi
unless a letter of permission is obtained from the own
the affected properties,
Prior to the issuance of a grading permit, the haul ro
shall be submitted for review and approved by the City
Engineer. A separate grading plan shall be submitted
approved and a separate grading permit issued for the or disposal site if located within the city limits.
All slopes within this project shall be no steeper tha
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 p:
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 requil
approved by the City Engineer. The developer shall maj the temporary basins and erosion control measures for i
of time satisfactory to the City Engineer and shall guz their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to tl
Engineer.
Additional drainage easements and drainage structures !
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City
neer ,
The developer shall pay the current local drainage aree
prior to approval of building permits or shall construc drain-age systems in conformance with the Master Draine and City of Carlsbad Standards as required by the City
neer.
The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjace
property prior to approval of building permits.
All land and/or easements required to satisfy the condi of approval for this project shall be granted to the Ci
free and clear of all liens and encumbrances and withou
to the City.
Improvements including, but not limited to, the followi
shall be installed by the developer and approved by the Engineer. The developer shall obtain approval of the p from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any Buildin
PC RES0 NO, 2323 -5-
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Permit. The developer shall install said improvements
1 satisfaction of the City Engineer prior to the issuanc Certificate of Occupancy or occupancy of any portion o
project for any purpose. To wit: 2
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Ponto Drive, including transition sections, to col.
street standards for the full width along its fron.
with the project as shown on Exhibit "G". The sidl
and parkway may be omitted on the westerly side of Drive where it fronts on Carlsbad Boulevard. The : of Ponto Drive laying to the north of the project
improved as shown on Exhibit "G" and as required hl
The developer shall offer to dedicate to the City
sufficient right-of-way to construct Ponto Drive. The centerline of the temporary intersection with
Carlsbad Boulevard, shall be no less than 1200 feel of the centerline of Poinsettia Lane at the point 1 Poinsettia Lane will intersect Carlsbad Boulevard. The temporary intersection with Carlsbad Boulevard
be so designed as to physically preclude left turn: westbound to southbound, and U-turns from northbour
southbound.
For conditions 23a and 23b above, detailed engineel
plans which include traffic signing and striping mu submitted to the City Engineer for his approval.
The temporary frontage road which parallels Carlsba Boulevard north of the cul-de-sac shall be posted "Emergency Vehicles Only, Not For Public Use" in bc directions. Sanitary sewer from the existing 27-inch diameter sanitary sewer that is east of and parallels the AT
Railroad to the intersection of the centerline of t
existing 60-foot wide road easement and the souther
line of the project. The developer shall provide a
foot wide easement for the sewer. The developer sh
obtain all required licenses, permits and/or approv
required by the AT&SF Railroad. Storm Drain Facilities Street Trees Street Lights
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24) The developer shall comply with all the rules, regulatiq
design requirements of the respective sewer and water ac
regarding services to the project.
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25) The design of all private streets and drainage systems
be approved by the City Engineer prior to approval of bl permits. The structural section of all private streets conform to City of Carlsbad Standards based on R-value
All private streets and drainage systems shall be inspel
by the city, and the standard improvement plan check ant inspection fees shall be paid prior to approval of the building permits.
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PC RES0 NO. 2323
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1 26) All private driveways shall be kept clear of parked vehi
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic 2
Code. 3
at all times, and shall have posted "NO Parking/Fire Lar:
4 27) Prior to issuance of building permits for any portion of
this project the owner shall give written consent to the
Carlsbad Street Lighting and Landscaping District No. 1.
28) The developer shall offer the entire 60-foot wide public
site for dedication as a public street. The developer I
8 enter into a future improvement agreement to improve saj
easement to local street standards.
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5 annexation of the project site into the existing City of
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7 access easement that lays to the south of the main projc
29) All plans, specifications, and supporting documents for
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of each set of plans shall have the following certificat, 12
be signed and sealed, except that bound documents may be 11
improvements of this project shall be signed and sealed I
Engineer in responsible charge of the work. Each sheet
and sealed on their first page. Additionally the first
I.3 i "DECLARATION OF RESPONSIBLE CHARGE"
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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.
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responsibilities for project design. only and does not relieve me, as Engineer of Work, of m 18
specifications by the City of Carlsbad is confined to a
I understand that the check of project drawings and
19 (Name, Address and Telephone of Engineering firm)
2o I Firm:
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Telephone: 23
City, St.:
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BY Date:
(Name of Engineer)
R.C.E. NO. #
Fire Conditions:
30) Additional public and/or on site fire hydrants shall bf
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PC RES0 NO. 2323 -7-
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showing locations of existing and proposed fire hydrants
31 ) The applicant shall submit two (2) copies of a site plan
on site roads and drives subject to the approval of the
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An all weather access road shall be maintained throughou
construction.
All required fire hydrants, water mains and appurtenance shall be operational prior to combustible building mater being located on the project site.
Proposed security gate systems shall be provided with "K
key operated override switch, as specified by the Fire D partment.
Fire retardant roofs shall be required on all structures
All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for ap prior to construction.
13 37) Building exceeding 10,000 sq.ft. aggregate floor area sh
therein which shall split the building into 10,000 sq.ft 14
sprinklered or have four-hour fire walls with no opening
less) areas. 15
16 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Planning Commission of the City of Carlsbad, California, held
the 8th day of August, 1984, by the following vote, to wit:
AYES: Chairman Rombotis, Commissioners McFadden, Raw
Schlehuber and Farrow.
NOES: Commissioner Marcus.
ABSENT: Commissioner Smith.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
27 I~ATTEST:
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