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HomeMy WebLinkAbout1985-06-12; Planning Commission; Resolution 24521 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 * PLANNING COMMISSION RESOLUTION NO. 2452 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 28 ACRE COMMUNITY PARK ON PROPERTY GENERALLLY LOCATED A HALF MILE SOUTH OF LA COSTA AVENUE AND RANCHO SANTA FE ROAD. APPLICANT: CITY OF CARLSBAD CASE NO.: CUP-265 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 12th day of June, 1985, hold a duly noticed public hearing to consider said application on property described as: Those portions of Lots 5 and 6 in Section 31, Township 12 South, Range 3 West, San Bernardino Base and Meridian, according to United States Government Survey, and of Section 6, Township 13 South, Range 3 West, San Bernardino Base and Meridian, according to United States Government Survey, and of Lots 4, 5, 8 and 9 of Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898, all being in the City of Carlsbad, in the County of San Diego, State of California, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP-265. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 hearing, the Commission APPROVES CUP-265, based on the following findings and subject to the following conditions: II 0 e 1 Findings: 2 3 4 5 1) That the proposed use is necessary or desirable for the development of the community, is essentially in harmony with various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in this zone since the site has been designated as a community park in the La Costa Master Plan. 6 7 2) The subject property is adequate in size and shape to accommodate the proposed use for the reasons stated in the staff report. I a 3) All of the yards, setbacks, walls, fences and other features necessary to adjust the requested use to existing Or permitted future uses in the neighborhood will be provided and maintained. 9 lo 11 4) The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. 12 13 5) That all significant environmental issues have been mitigated or the project has been changed so as to mitigate these impacts as described below: l4/1 A) Biological 15 16 17 18 The original master plan called for elimination of the entire riparian area to maximize active play fields. The revised plan retains all of the willow woodland and calls for recreation of a riparian habitat over the lost area of "bullrush marsh". In addition an equal area of lost marsh shall be created off-site, immediately south of Mision Estancia. l9 11 B) Drainage 20 21 22 23 The revised plan mitigates possible drainage problems of the original plan by retaining the %illow woodland" portion of the streambed. This will act as a natural filter for silt and pollution from upstream. Grading will be kept a minimum of 40' from the creek flow line (as recommended by the EIR) . 24 /I C) Historic 25 26 27 I The adobe ruins will be preserved in their existing ~ location. A barrier fence and shelter will be constructed to preserve the fragile adobe. The plan indicates an "interpretive center" next to the ruins that will give historical data. 28 1) //// I PC RES0 NO. 2452 -2- I, 0 e 1 D) Traffic Circulation and Parking 2 3 4 5 6 7 8 9 10 11 12 The EIR indicates no significant impact caused by the park traffic. Mision Estancia is considered a secondary arterial and will be able to handle any traffic generated by park use. I The revised plan showns alignment of the major park access with the proposed high school access across from Mision Estancia. This mitigates the concerns stated in the EIR related to offset intersections and provides the safest access from the high school site. A minor secondary access to a smaller parking lot will also access off of Mision Estancia approximately halfway between future Calle Acervo and Calle Timiteo. The original plan showed off-street parking for 153 cars. This was considered insufficient by the EIR. The revised plan indicates parking for 216 cars. Staff feels this is sufficient to handle the uses in the park as they are now planned. I Conditions: 13 1 ) Approval is granted for CUP-265, as shown on Exhibits "A" and 14 "B", dated June 3, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur 15 conditions. substantially as shown unless otherwise noted in these 16 17 18 19 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. I 20 3) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City 21 ordinances in effect at time of building permit issuance. 22 114) 'Water shall be provided by the Olivenhain Municipal Water District. 23 24 Planning Manager prior to the issuance of building permits. 27 6) The applicant shall prepare a detailed landscape and irrigation 26 Planning Manager prior to the issuance of building permits. 25 site plan incorporating the conditions contained herein. Said 5) The applicant shall prepare a reproducible mylar of the final site plan shall be submitted to and approved by the Land Use plan which shall be submitted to and approved by the Land Use 28 7) All parking lot trees shall be a minimum of 15 gallons in size. PC RES0 NO. 2452 -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 e l 8) A master plan of the existing on site trees shall be provided to the Land Use Planning Manager as part of the final grading plan to determine which trees shall be required prior to the issuance of a grading permit or a building perrnit, whichever occurs first. 9) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 10) Any signs proposed for this development shall be designed in I conformance with the city's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. 1'1) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager. 12) All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 13) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District. //// //// //// //// //// //// //// //// //// //// PC RES0 NO. 2452 -4- \ 0 e 1 2 3 4 5 6 7 a 9 x0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I 14) This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surround- ing properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon writter application of the permittee made not less than 90 days prior , to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding ~ land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. 15) Existing on-site trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretior of the Land Use Planning Office during the review of the Master Plan of existing on-site trees. Those trees which are approvee for removal shall be replaced on a tree-for-tree basis as required by the Land Use Planning Office. 16) Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 17) All lights shall be oriented so that there is no spillover to adjacent residential development. Prior to issuance of a grading permit a detailed lighting plan shall be submitted to the Land Use Planning Manager. 18) Outdoor group activities shall only take place from 8:OO AM to 1O:OO PM. All ballfield lighting shall be turned off by 1O:OO PM . 19) A buffer strip no less than 50' in width shall be established between the riparian vegetation and ballfields. //// PC RES0 NO. 2452 -5- 0 * 1 2 3 4 20) Approximately 20,000 square feet of fresh water m.arsh area shall be created adjacent to the existing marsh south of the park across Mision Estancia to compensate for the loss of freshwater marsh onsite. The location and developm-ent of this area shall be subject to the approval of the Land Use Planning Manager and Department of Fish and Game. 5 6 7 8 21) Prior to issuance of a grading permit the applicant shall submit a detailed data recovery plan for the barn site of the Ybarra adobe ruins. Engineering: 22) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 9 10 11 12 13 14 15 16 17 18 23 1 The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. I 24) Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. 25) No grading shall occur outside the limits of the project unless I' I a letter of permission is obtained from the owners of the 20 21 22 23 24 affected properties. 26) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 27) All slopes within this project shall be no steeper than 2:l. Slopes shown on the preliminary grading plan along Mision Estancia near Terraza Disoma are steeper than 2: 1 and are specifically not approved. 25 26 27 28 28) Prior to hauling dirt or construction materials to any propose construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. ~ 1 PC RES0 NO. 2452 -6- JI I/ 1 29) 2 3 4 5 6 7 8 9 10 11 12 30) 13 14 15 16 17 18 19 20 0 0 The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. 31 ) The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hour duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 32) Unless a standard variance has been issued, no variance from City Standards are authorized by virtue of approval of this site plan. 33) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 21 //// ll 22 //// II 23 11 //// 24 /I//// 25 //// I/ 26 //// II 27 //// /I 28 PC RES0 NO. 2452 - 7- If S * 0 0 1 2 3 4 5 6 7 8 34) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards, 9 10 11 1 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 Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) 12 13 Firm: Address: 14 ll City, St.: 15 16 17 Telephone: BY Date: (Name of Engineer) R.C.E. NO. # l8 135) The developer shall provide the City with a reproducible mylar 19 i copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. 20 21 36) The westerly parking area driveway shall be located on Mision 22 23 24 37) Driveways for both parking areas shall be a minimum of 26 feet Estancia approximately half-way between the intersection of Mision Estancia and Calle Timoteo, and the intersection of Mision Estancia and Calle Acervo, to the satisfaction of the City Engineer. 25 I wide. Fire Department: 38) Prior to the issuance of building permits, complete building 26 27 28 plans shall be submitted to and approved by the Fire Department. PC RES0 NO. 2452 -8- /I c ,* e @ I/ 1 2 provided if deemed necessary by the Fire Marshal. 39) Additional public and/or on site fire hydrants shall be 3 40) The applicant shall submit two (2) copies of 2 site plan showing locations of existing and proposed fire hydrants and on 4 site roads and drives to the Fire Marshal for approval, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 41 1 42) 43) ~ An a91 weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shal be operational prior to combustible building materials being located on the project site. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construct ion. I 1 44) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft, (or less) areas. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 12th day of June, 1985, by the following vote, to wit: AYES: Vice-chairman Schlehuber, Commissioners: L'Heureux, Marcus, McFadden, Smith, Rohobotis and Hall. NOES : None. ABSENT: None. , 21 22 A.BSTAIN: None. /-? i", "il ji c , r. .;: :'': ;P ;? ;',! \,)>L-.--;. ,.+/ ;h- ;c'7>2-,*!;,* , ,' ,I "" ' . \ i cd-v" .%. 7 CLARENCE SCHLEHUSER, Vice Chairman CARLSBAD PLANNING COMMISSION 23 24 ATTEST : < 25 26 LAND USE PLANNING MANAGER 27 28 PC RES0 NO. 2452 -9-