HomeMy WebLinkAbout1985-05-22; Planning Commission; Resolution 2444b
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PLANNING COMMISSION RESOLUTION NO. 2444
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
FOR THE FIRST PHASE OF AN EIGHTEEN ACRE COMMUNITY
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNE
AVENUE AND TAMARACK AVENUE.
CASE NO.: CUP-266(A)
APPLICANT: CITY OF CARLSBAD
WHEREAS, a verified application has been filed wi
City of Carlsbad and referred to the Planning Commission;
WHEREAS, said verified application constitutes a
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Munici
the Planning Commission did, on the 22nd day of May, 1985,
duly noticed public hearing to consider said applicatYon o
described as:
Portions of Lots "D", "E" and "J" of Rancho Agua
according to Map No. 823 filed November 16, 1896.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pe
desiring to be heard, said Commission considered all facto
relating to CUP-266.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public he
the Comnission APPROVES CUP-266(A), based on the foll findings and subject to the following conditions:
Findings:
1) That the proposed use is necessary and desirable for
development of the community, is essentially in harmo
the various elements and objectives of the General P1 not detrimental to existing uses specifically permitt
this zone since the site has been designated as a com
park in the Calavera Hills Master Plan and the City's
Plan.
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1 2) The subject property is adequate in size and shape to
accommodate the proposed use for the reasons stated i
2 staff report,
3 3) All of the yards, setbacks, walls, fences, landscapin
other features necessary to adjust the requested use
provided and maintained , 4 existing and permitted future uses in the neighborhoo
5 4) The street system serving the subject property is ade
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5) The Land Use Planning Manager has determined that the 7
properly handle all traffic generated by the proposed
on May 9, 1985.
project has been addressed in previously approved env
8 documents and issued a Notice of Prior Environmental (
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substantially as shown unless otherwise noted in thes' 12
and "B" , dated May 10, 1985, incorporated by referenc
2) This project is approved upon the express condition t
14 building permits will not be issued for development 0: subject property unless the City Engineer determines '
15 facilities are available at the time of application fc sewer permits and will continue to be available until
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17 3) Approval of this request shall not excuse compliance 1 sections of the Zoning Ordinance and all other applici
18 ordinances in effect at time of building permit issua~
1 ) Approval is granted for CUP-266 (A), as shown on Exhib
file in the Land Use Planning Office. Development sh
conditions.
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I 4) Water shall be provided to this project pursuant to tl
Service agreement between the City of Carlsbad and thc
Real Water District, dated May 25, 1983.
5) The applicant shall prepare a reproducible mylar of tl site plan incorporating the conditions contained here. site plan shall be submitted to and approved by the Li:
Planning Manager prior to the issuance of building pel
6) The applicant shall prepare a detailed landscape and :
plan which shall be submitted to and approved by the I Planning Manager prior to the issuance of building pel
7) All parking lot trees shall be a minimum of 15 gallon! size.
27 8) All landscaped areas shall be maintained in a healthy
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thriving condition, free from weeds, trash, and debri:
PC RES0 NO, 2444 -2-
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9) Any signs proposed for this development shall be desi5
conformance with the City's Sign Ordinance and shall 1
review and approval of the Land Use Planning Manager $ installation of such signs.
10) 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.
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All roof appurtenances, including air conditioners, SI
architecturally integrated and concealed from view am
sound buffered from adjacent properties and streets, 1 to Building Department Policy No. 80-6, to the satisf;
the Land Use Planning Manager and Building and Plannir
Director.
The project shall provide bus stop facilities at locat subject to the satisfaction of the North County Transi trict. Said facilities shall at a minimum include a t
free from advertising, and a pole for the bus stop si9 bench and pole shall be designed in a manner so as to detract from the basic architectural theme of the proj said design shall be subject to the approval of the L2 Planning Manager and North County Transit District.
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13) This conditional use permit is granted for a period of years. This conditional use permit shall be reviewed Land Use Planning Manager on a yearly basis to determi conditions of this permit have been met and that the L not have a significant detrimental impact on surround- ing properties or the public health and welfare. If t
Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recornme
the Planning Commission, after providing the permittee
opportunity to be heard, add additional conditions to
the significant adverse impacts. This permit may be I any time after a public hearing, if it is found that t
has a significant detrimental affect on surrounding la and the public's health and welfare, or the conditions herein have not been met. This permit may be extended
reasonable period of time not to exceed five years up0 application of the permittee made not less than 90 day to the expiration date. In granting such extension, t
Planning Commission shall find that no substantial adv
affect on surrounding land uses or the public's health welfare will result because of the continuation of the permitted use. If a substantial adverse affect on sur land uses or the public's health and welfare is found, extension shall be considered as an original applicati conditional use permit. There is no limit to the numb extensions the Planning Commission may grant.
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14) Signing on the approaches to the park shall direct pa
3 15) Building identification and/or addresses shall be pla
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new and existing buildings so as to be plainly visibl
street or access road; color of identification and/or
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the Land Use Planning Manager. 7
grading permit a detailed lighting plan shall be subm
to adjacent residential development. Prior to issuan 6
16) All lights shall be oriented so that there is no spil 5
shall contrast to their background color.
traffic towards Elm and Tamarack Avenues.
17) Outdoor activities shall only occur between 8:OO A.M.
P.M. All ballfield lighting shall be turned off by 11
9 Engineering
lo 18) The developer shall obtain a grading permit prior to
commencement of any clearing or grading of the site. 11
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19) The grading for this project is defined as "controllel
by Section 11.06.170(a) of the Carlsbad Municipal Cod'
Grading shall be performed under the observation of a
engineer whose responsibility it shall be to coordina inspection and testing to insure compliance of the wo.
the approved grading plan, submit required reports to Engineer and verify compliance with Chapter 11.06 of 1 Carlsbad Municipal Code.
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20) Upon completion of grading, the developer shall insurt
Engineer. The plan shall clearly show all the geolog;
"as-graded" geologic plan shall be submitted to the C:
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measures as actually constructed and must be based on exposed by the grading operation, all geologic correc-
map which represents both the pre and post site gradi~
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plan shall be signed by both the soils engineer and t3
engineering geologist. The plan shall be prepared on
regards to t'ne hauling operation. 27
conditions and requirements the City Engineer may impc
proposed haul route. The developer shall comply with 26
submit to and receive approval from the City Engineer
construction site within this project the developer SI 25
23) Prior to hauling dirt or construction materials to an3 24
22) All slopes within this project shall be no steeper thz 23
if located within the city limits.
separate grading permit issued for the borrow or dispc 22
21) A separate grading plan shall be submitted and approvc 21
or similar drafting film and shall become a permanent
28 C RES0 NO. 2444 r -4-
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The developer shall exercise special care during the
construction phase of this project to prevent any off
siltation. The developer shall provide erosion contrl
measures and shall construct temporary desiltationlde basins of type, size and location as approved by the Engineer. The basins and erosion control measures sh'
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer the start of any other grading operations. Prior to
removal of any basins or facilities so constructed th
served shall be protected by additional drainage faci
approved by the City Engineer. The developer shall mr
the temporary basins and erosion control measures for
of tirne satisfactory to the City Engineer and shall g.
their maintenance and satisfactory performance througl deposit and bonding in amounts and types suitable to Engineer.
Additional drainage easements and drainage structures
provided or installed as may be required by the Count,
Department of Sanitation and Flood Control or the Cit: neer.
The owner of the subject property shall execute a boll
agreement regarding drainage across Yne adjacent prop
to approval of any grading or building permit for thi project.
The drainage system shall be designed to ensure that :
resulting from a 10-year frequency storm of 6 hours 01
duration under developed conditions, is equal to or le
the runoff from a storm of the same frequency and duri
under existing developed conditions. Both 6 hour and
storm durations shall be analyzed to determine the del
basin capacities necessary to accomplish the desired :
slope erosion control measures and other methods requ:
20 p) Direct vehicular access rights for all lots abutting I
Tamarack Avenues shall be waived on a recorded documel
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28 C RES0 NO. 2444 I -5-
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Improvements listed in this section shall be installe
agreed to be installed by secured agreement by the de, before the issuance of any building permit. The deve shall obtain approval of the plans from the City Engi
pay all associated fees and performance guarantees pr
issuance 0% any building permit. The developer shall
said improvements to the satisfaction of the City Eny
prior to issuance of a Certificate of Occupancy or oc
any portion of the project for any purpose. The impr
are:
a) Such improvements as the City Engineer shall deem
necessary for the public health and safety.
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b) Such improvements as the City Engineer may find tc
the public interest and City policy.
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30) Unless a standard variance has been issued, no variant
City Standards are authorized by virtue of approval o
site plan.
31) The developer shall comply with all the rules, regula
design requirements of the respective sewer and water
regarding services to the project.
32) The applicant shall agree to utilize reclaimed water, form, on the subject property in all common areas as
by the City Engineer.
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33) The reclaimed water irrigation system shall be rnainta:
operated consistent with the requirements of the City
Carlsbad.
34) Irrigation systems to accommodate future reclaimed wai
be designed consistent with Title 17 of the Californii
Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the ins.
of adequately sized sleeves at crossing points to min.
street excavation.
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28 PC RES0 NO. 2444 -6 -
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All plans, specifications, and supporting documents fl
improvements of this project shall be signed and seal
Engineer in responsible charge of the work. Each she be signed and sealed, except that bound documents may
and sealed on their first page. Additionally the fir
of each set of plans shall have the following certifi
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for t'
project, that I have exercised responsible charge ove.
design of the project as defined in Section 6703 of ti
Business and Professions Code, and that the design is
consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to only and does not relieve me, as Engineer of Work, of responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
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Address:
City, St.:
Telephone:
BY (Name of Engineer)
Date :
I? II R.C.E. NO. #
l8 b6) The developer shall provide the City with a reproducil
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1 The site plan shall reflect the conditions of approval l9 copy of the site plan as approved by the Planning Corn
not approved. 25
shall meet City standards. Grading shown on the site
driveway approach and for streets adjacent to this ,or< 24
38) Sight distance requirements for the intersections at 1 23
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37) The location, geometry and size of the parking and int 21
prior to improveraent plan submittal.
City. The plan copy shall be submitted to the City Er
circulation system are not approved. These shall be
redesigned to the satisfaction of the City Engineer.
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1 IIFire Department:
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39) Additional public and/or on site fire hydrants shall
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provided if deemed necessary by the Fire Marshal.
40) Fire hydrant to be located within 50 feet of fire sta
access. Exact location to be determined by Fire Chie
thime of installation.
PASSED, APPRDVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, h
22rd day of May, 1985, by the following vote, to wit:
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l6 T'I'EST :
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l6 T'I'EST :
AYES : Commissioners: L'Heureux, Marcus, McFa
Smith and Rombotis.
NOES:
ABSENT :
ABSTAIN :
None.
Chairman Farrow and Commissioner Schleh
None.
P
AND USE PLANNING
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