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Home My WebLink About1985-05-22; Planning Commission; Resolution 2439I1 0 e f .* 1 2 3 4 5 PLANNING COMMISSION RESOLUTION MO. 2439 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, APPROVING A MINOR AMENDMENT TO THE BOUNDARIES OF LOTS 12-1 6 AND 20 OF PUD-22 ON PRO GENERALLY LOCATED IN THE PALOMAR OAKS BUSINESS PARK SOUTH SIDE OF PALOMAR AIRPORT ROAD. APPLICANT: PALOMAR OAKS CASE NO.: PUD-22(A) 6 ll WHEREAS, a verified application for certain property 7 /I wit: 8 ll Lots 12-16 and 20 of Carlsbad Tract 80-38 according No. 10198 filed September 15, 1981, 9 I/ has been filed with the City of Carlsbad, and referred to the 10 11 12 13 14 15 Planning Commission; and WHEREAS, said verified application constitutes a reqr provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 22nd da; May, 1985, review said application as prescribed by law to COI said request; and l6 /I WHEREAS, considering all testimony and arguments , if I'7 factors relating to the minor amendment to PUD-22. l8 of all persons desiring to be heard, said Commission consider1 19 /I I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc 20 11 Commission as follows: 21 1124) That the above recitation are true and correct. 22 23 24 25 26 27 B) That based on the evidence presented at the public hearir Commission hereby APPROVES PUD-22(A) , based on the follol findings and subject to the following conditions: //// //// //// //// 28 e 1 Findings: m 2 1) The project is consistent with all City public facility 3 4 icies and ordinances since: a) All necessary public improvements have been provided will be required as conditions of approval. 5 6 7 8 b) The applicant has agreed and is required by the incl of an appropriate condition to pay a public facilitil enable this body to find that public facilities will available concurrent with need as required by the ge. plan. I Performance of that contract and payment of the fee ~ 9 II 2) The proposed amendment is minor in nature and as conditi, should not create any adverse environmental impacts. lo IlConditions: 'I 12 1) Approval is granted for PUD-22 (A) , as shown on Exhibits ' 13 in the Land Use Planning Office. Development shall OCCUI "€3" , dated May 13 , 1985, incorporated by reference and 01 conditions. substantially as shown unless otherwise noted in these 2) This project is approved upon the express condition that l4 15 16 17 building permits will not be issued for development of tk subject property unless the City Engineer determines that facilities are available at the time of application for : sewer permits and will continue to be available until tin occupancy. 18 19 3, 20 1 21 I :z 24 1) This project is approved upon the express condition that applicant shall pay a public facilities fee as required 1 Council Policy No. 17, dated April 2, 1982, on file with City Clerk and incorporated herein by reference, and accc to the agreement executed by the applicant for payment 01 fee, a copy of that agreement, dated September 2, 1980, i file with the City Clerk and incorporated herein by refer If said fee is not paid as promised, this application wil be consistent with the General Plan and approval for this project shall be void. Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable ordinances in effect at time of building permit issuance. Prior to issuance of a building permit the applicant shal submit a detailed lighting plan subject to the approval o Land Use Planning Manager. :: I;// 28 C RES0 NO. 2439 1 -2- ll 0 e 1 2 6) Water shall be provided to this project pursuant to the 1 Service agreement between the City of Carlsbad and the Cc Real Water District, dated May 25, 1983. 3 7) 4 5 6 7 a 9 10 The applicant shall prepare a detailed landscape and irr: plan which shall be submitted to and approved by the Lanc Planning Manager prior to the issuance of grading permit; Such plan will ensure that the newly created cut slope revegetated with native and non-native species which do require long-term maintenance and which are similar in appearance to the natural shrub vegetation in the area. Planting techniques best suited to the application of nai species revegetation will be examined, including saving . topsoil layer from the slope and reapplying it to the ne1 to take advantage of the existing seed base. The landscape/revegetation plan will be devised by a qualific biologist and landscape architect; input from t'ne CityOs landscape architect will be solicited early in the proce: I.1 IQ ) All landscaped areas shall be maintained in a healthy anc thriving condition, free from weeds, trash, and debris. I.z I ) Existing on-site trees shall be retained wherever possib. shall be trimmed and/or topped. Dead, decaying or poten. dangerous trees shall be approved for removal at the disl of the Land Use Planning Office during the review of the Plan of existing on-site trees. Those trees which are a1 for removal shall be replaced on a tree-for-tree basis as required by the Land Use Planning Office. 13 14 15 I€) 10) 17 18 19 20 I If any condition for construction of any public improveme facilities, or the payment of any fees in lieu thereof, : by this approval or imposed by law on this project are challenged this approval shall be suspended as provided : Government Code Section 65913.5. If any such condition : determined to be invalid this approval shall be invalid 1 the City Council determines that the project without the condition complies with all requirements of law. 21 k1) This approval is for the proposed crib walls, slopes and 22 line adjustments. A Planned Industrial Permit will have processed for the construction of the proposed building. 23 detailed lot line adjustment will have to be filed with . 12) The developer shall obtain a grading permit prior to the 25 ::ngineering 24 Engineering Department for the revised lot lines. commencement of any clearing or grading of the site. 26 II//// 27 IU// 28 C ISESO NO. 2439 i -3- I/ 0 , 1 2 3 4 5 13) The grading for this project is defined as "controlled g: by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under t'ne observation of a ci. engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work 7 the approved grading plan, submit required reports to th Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 6 7 8 9 10 11 12 13 14 15 17) All slopes within this project shall be no steeper than 2 16 18) Prior to hauling dirt or construction materials to any pr construction site within this project the developer shall 17 submit to and receive approval from the City Engineer for proposed haul route. The developer shall comply with all 18 conditions and requirements the City Engineer may impose regards to the hauling operation. I' 19) The developer shall exercise special care during the 20 construction phase of this project to prevent any off-sit siltation. The developer shall provide erosion control 21 measures and shall construct temporary desiltation/detent basins of type, size and location as approved by the City 22 Engineer. The basins and erosion control measures shall shown and specified on the grading plan and shall be 23 constructed to the satisfaction of the City Engineer pric the start of any other grading operations. Prior to the 24 removal of any basins or facilities so Constructed the ax served shall be protected by additional drainage faciliti 25 slope erosion control measures and other methods required approved by the City Engineer. The developer shall maint 26 the temporary basins and erosion control measures for a p of time satisfactory to the City Engineer and shall guara 27 their maintenance and satisfactory performance through ca deposit and bonding in amounts and types suitable to the 28 Engineer. 14) Upon completion of grading, the developer shall insure tl "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology a: exposed by the grading operation, all geologic correctivc measures as actually constructed and must be based on a t 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 I or similar drafting film and shall become a permanent rec 15) No grading shall occur outside the limits of the project a letter of permission is obtained from the owners of tht affected properties. 16) A separate grading plan shall be submitted and approved z separate grading permit issued for the borrow or disposal if located within the city limits. PC mS0 NO. 2439 -4- If m .- w 1 20) The parking lot circulation, geornetrics, and grading are 2 approved but shall be considered for approval at a later 21) The grading on the site other than for the crib walls is 3 approved but shall be considered for approval at a later 4 5 6 7 date. PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of Yne City of Carlsbad, California, held 22nd day of May, 1985, by the following vote, to wit: 8 I1 9 10 11 12 13 14 AYES : Commissioners: L'Heureux, Marcus, Smith, Rombotis. NOES : Commissioner McFadden. ABSENT: Chairman Farrow and Schlehuber. ABSTAIN : None. 15 I~TTEST: 16 17 18 19 I 20 21 22 23 24 25 26 27 28 2C RES0 NO. 2439 I - 5-