HomeMy WebLinkAbout1985-06-12; Planning Commission; Resolution 24521
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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:
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1 Findings:
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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.
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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
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4) The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use.
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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
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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
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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) .
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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.
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1 D) Traffic Circulation and Parking
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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.
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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
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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.
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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.
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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-
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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,
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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)
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Firm:
Address:
14 ll City, St.:
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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
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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.
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wide.
Fire Department:
38) Prior to the issuance of building permits, complete building
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plans shall be submitted to and approved by the Fire
Department.
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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,
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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.
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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. ,
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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
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ATTEST :
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26 LAND USE PLANNING MANAGER
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