HomeMy WebLinkAbout1984-11-28; Planning Commission; Resolution 2369- J. : : , h <*: * ' 0 e
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PLANNING COMMISSION RESOLUTION NO. 2369
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A RESOLUTION OF THE PLANNING COMJHSSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A MINI-
WAmHOUSE PROJECT ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF PASEO DEL NORTE BETWEEN
PALOMAR AIRPORT ROAD AND CAMINO DEL PARQUE.
APPLICANT: WESTERN BANKERS
CASE NO: CUP-246
7 WHEREAS, a verified application has been filed with
8 City of Carlsbad and referred to the Planning Commission: ant
9 WHEREAS, said verified application constitutes a ret
10 as provided by Title 21 of the Carlsbad Municipal Code: and
11 WHEREAS, pursuant to the provisions of the Municipa.
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on the 28th day of November, 1984, hold a duly noticed public 13
the Planning Commission did, on the 24th day of October, 1981
hearings to consider said application on property described 14
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as : Parcel 2 of Parcel Map No. 3415, filed in the Officc
the County Recorder, January 21, 1975 as File No. 75-014212 of Official Records,
WHEREAS, at said hearing, upon hearing and consider.
testimony and arguments, if any, of all persons desiring to '
eard, said Commission considered all factors relating to CU: 19
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21 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannij
Commission of the City of Carlsbad as follows: 22 (A) That the foregoing recitations are true and correct.
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(B) That based on the evidence presented at the public hearij 24 Commission APPROVES CUP-246, based on the following find
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and subject to the following conditions:
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1 Findings
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1) That the requested use is necessary or desirable for the development of the community, is essentially in harmony 1 the various elements and objectives of the general plan,
is not detrimental to existing uses or to uses specifica
permitted in the zone in which the proposed use is to be located, as discussed in the staff report.
That the site for the intended use is adequate in size a
report.
~ 2, shape to accommodate the use, as discussed in the staff
3) That all of the yards, setbacks, walls, fences, landscap
and other features necessary to adjust the requested use
existing or permitted future uses in the neighborhood wi
provided and maintained, as discussed in the staff repor
10 4) That the street system serving the proposed use is adequ
properly handle all traffic generated by the proposed us 11 discussed in the staff report.
12 Conditions
13 1) Approval is granted for CUP-246, as shown on Exhibits I'
"B", dated October 24, 1984, and Exhibit 'IF", dated Jun 14 Planning Office. Development shall occur substantially
1984 incorporated by reference and on file in the Land
15 shown unless otherwise noted in these conditions.
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This project is approved upon the express condition the
building permits will not be issued for development of
subject property unless the City Engineer determines tk sewer facilities are available at the time of applicati
such sewer permits and will continue to be available ur
time of occupancy.
This project is approved upon the express condition thc
applicant shall pay a public facilities fee as requirec City Council Policy No. 17, dated April 2, 1982, on fil the City Clerk and incorporated herein by reference, ar
according to the agreement executed by the applicant fc payment of said fee, a copy of that agreement, dated i%
27, 1984, is on file with the City Clerk and incorporal
herein by reference. If said fee is not paid as promi3 this application will not be consistent with the Gener; and approval for this project shall be void.
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PC RES0 NO. 2369 -2-
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1 I/ A 4) Approval of this request shall not excuse compliance wit
ordinances in effect at time of building permit issuance
5) This approval shall become null and void if building per
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are not issued for this project within one year from the 4
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sections of the Zoning Ordinance and all other applicabl
of project approval.
Land Use Planning Conditions:
6) The applicant shall prepare a detailed landscape and irr
7 tion plan which shall be submitted to and approved by tt
8 permits.
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Use Planning Manager prior to the issuance of building
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') All landscaped areas shall be maintained in a healthy ar
thriving condition, free from weeds, trash, and debris.
I) Any signs proposed for this development shall be design€
conformance with the City's Sign Ordinance and shall rec review and approval of the Land Use Planning Manager pri installation of such signs. 1 ) Trash receptacle areas shall be enclosed by a six-foot 1:
masonry wall with gates pursuant to City standards. LOC
of said receptacles shall be approved by the Land Use PI
Manager.
10) All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and t1:
sound buffered from adjacent properties and streets, pur to Building Department Policy No. 80-6, to the satisfact the Land Use Planning Manager and Building and Planning Director.
11) This conditional use permit is granted for a period of j
years. This conditional use permit shall be reviewed b: Land Use Planning Manager on a yearly basis to determinc all conditions of this permit have been met and that tht does not have a significant detrimental impact on surrol ing properties or the public health and welfare. If tht
Use Planning Manager determines that the use has such
significant adverse impacts, the manager shall recommenc the Planning Commission, after providing the permittee i opportunity to be heard, add additional conditions to m: the significant adverse impacts. This permit may be re1 at any time after a public hearing, if it is found that
use has a significant detrimental affect on surrounding uses and the public's health and welfare, or the condit: imposed herein have not been met. This permit may be e:
for a reasonable period of time not to exceed five year: written application of the permittee made not less than
extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or public's health and welfare will result because of the
~ days prior to the expiration date. In granting such
IIPC RES0 NO. 2369 -3-
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continuation of the permitted use. If a substantial ad
1 affect on surrounding land uses or the public's health welfare is found, the extension shall be considered as
2 original application for a conditional use permit. The
no limit to the number of extensions the Planning Commi
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5 commencement of any clearing or grading of the site.
Engineering Conditions
12) The developer shall obtain a grading permit prior to tt
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13) 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 tk Carlsbad Municipal Code.
14) 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 E tour map which represents both the pre and post site gr
This plan shall be signed by both the soils engineer ar
engineering geologist. The plan shall be prepared on E
or similar drafting film and shall become a permanent 1
15) No grading shall occur outside the limits of the projec unless a letter of permission is obtained from the own<
the affected properties.
16) A separate grading plan shall be submitted and approvec
separate grading permit issued for the borrow or dispos
if located within the city limits.
17) All slopes within this project shall be no steeper thar
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24 19) The developer shall exercise special care during the
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18) Prior to hauling dirt or construction materials to any
proposed construction site within this project the devc shall submit to and receive approval from the City Eng: for the proposed haul route. The developer shall comp: all conditions and requirements the City Engineer may : with regards to the hauling operation.
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:
PC RES0 NO. 2369 -4-
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the start of any other grading operations. Prior to th
removal of any basins or facilities so constructed the
served shall be protected by additional drainage facili slope erosion control measures and other methods requir approved by the City Engineer. The developer shall mai the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall gua their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to th Engineer.
Additional drainage easements and drainage structures s provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer.
9 21) The developer shall pay the current local drainage area prior to approval of the issuance of any grading or bui
conformance with the Master Drainage Plan and City of C 10
Standards as required by the City Engineer. I1
permit for this project or shall construct drainage sys
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22) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjace
property prior to approval of the any grading or buildi
permit for this project.
23) The developer shall submit a detailed hydrologic and
hydrology study of the drainage channel along the north line of the prject and, subject to the approval of the Engineer, shall incorporate the recommendations of the as conditions of this approval. the study shall be of content, detail and scope to the satisfaction of the Ci Engineer. As a minimum, the study shall address veloci
flow, hydraulic gradeline, freeboard requirements, sedi
transport and deposit, bottom scouring, effect of exist
and expected phreatophytic growth in the channel and ot
items that good engineering practice may dictate. The
shall consider the effect of upstream and downstream
structures, geometry and conditions in the drainage cha
24) The developer shall grade and construct the driveways c
Paseo Del Norte so as to provide sight distance from th
driveway onto Paseo Del Norte as for a collector street
25) Parking area and driveway lighting shall be directed
downward.
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1 26) Improvements listed in this section shall be installed agreed to be installed by secured agreement by the deve
shall obtain approval of the plans from the City Engine 2 before the issuance of any building permit. The develo
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pay all associated fees and performance guarantees pria issuance of any building permit. The developer shall i
said improvements to the satisfaction of the City Engin prior to issuance of a Certificate of Occupancy or OCCL
of any portion of the project for any purpose. The
improvements are:
a) Removal and replacement of non-standard damaged or
misaligned sidewalk along the project frontage.
b) Public facilities damaged by the developer or his 2 c) Street trees.
d) A street widening flare on the east of Paseo del Nc
beginning at the southerly terminus of the existinc
and gutter that lays approximately 160 feet southe?
of the southeasterly corner of the project and cont in a southerly direction no less than 300 feet. TI flare shall have a structural section as for seconc arterials and shall have an asphalt berm at its eas edge . e) Striping of Paseo del Norte to provide a left turn at the project driveways and at Camino Del Parque.
f ) Traffic control and advisory signs.
27) The developer shall agree to the formation of an asses:
district to underground the power lines that cross the
project site.
28) The developer shall comply with all the rules, regulat:
design requirements of the respective sewer and water i regarding services to the project.
29) The design of,all private streets and drainage systems be approved by the City Engineer prior to issuance of l grading or building permit for this project. The strul section of all private streets shall conform to City 0. Carlsbad Standards based on R-value tests. All privatc streets and drainage systems shall be inspected by the
and the standard improvement plan check and inspection
shall be paid prior to approval of the issuance of any building or grading permit for this project.
30) All plans, specifications, and supporting documents fo,
improvements of this project shall be signed and sealel Engineer in responsible charge of the work. Each shee
be signed and sealed, except that bound documents may signed and sealed on their first page. Additionally t sheet of each set of plans shall have the following certificate:
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PC RES0 NO. 2369 -6-
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"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 only and does not relieve me, as Engineer of Work, of m.
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. #
31) The developer shall provide the City with a reproducibl
copy of the site and grading plan as approved by the P1 Commission. The site and grading plan shall reflect th conditions of approval by the City. The plan copy shal submitted to the City Engineer prior to improvement pla
submittal.
Fire Conditions
32) Prior to the issuance of building permits, complete bui
plans shall be submitted to and approved by the Fire
Department.
33) Additional public and/or on site fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
34) The applicant shall submit two (2) copies of a site plz
showing locations of existing and proposed fire hydrant
on site roads and drives to the Fire Marshal for approT
35) An all weather access road shall be maintained through<
construction.
36) All required fire hydrants, water mains and appurtenanc
shall be operational prior to combustible building matc
being located on the project site.
37) Proposed security gate systems shall be provided with '
key operated override switch, as specified by the Fire
partment. 11 PC RES0 NO. 2369 -7-
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1 38) All private driveways shall be kept clear of parked vehj
Away Zone" pursuant to Section 17.04.040, Carlsbad Munic 2
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at all times, and shall have posted "No Parking/Fire Lar
4 39) All fire alarm systems, fire hydrants, extinguishing sys
prior to construction.
automatic sprinklers, and other systems pertinent to the
5 project shall be submitted to the Fire Department for a1
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PASSED, APPROVED AND ADOPTED at a regular meeting 0: 9
less) areas. 8
sprinklered or have four-hour fire walls with no openin!
40) Building exceeding 10,000 sq. ft. aggregate floor area st
therein which shall split the building into 10,000 sq. fl
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Planning Commission of the City of Carlsbad, California, hell
the 28th day of November, 1984, by the following vote, to wit
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AYES : Chairman Rombotis, Commissioners Farrow,
Marcus, Schlehuber, McFadden, Smith and
L'Heureux.
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ABSTAIN: None. 16
ABSENT : None. 15
NOES : None.
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