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HomeMy WebLinkAbout1985-08-28; Planning Commission; Resolution 2480a I! 0 e I , 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2480 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 85-8, TO DEVELOP TWO OFFICE BUILDINGS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PI0 PIC0 DRIVE ADJACENT TO INTERSTATE 5, WEST OF BUENA VISTA AVENUE. APPLICANT: KUBOTA CASE NO.: SDP 85-8 CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. ~ ~~ ~~~ WHEREAS, a verified application has been filed with the I 7 City of Carlsbad, and referred to the Planning Commission; and 8 WHEREAS, said verified application constitutes a request g as provided by Title 21 of the Carlsbad Municipal Code; and 10 WHEREAS, pursuant to the provisions of the Municipal Code, 11 said request on property described as: 12 the Planning Commission on the 28th day of August, 1985, considered 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Portion of Lot 4, Township 11 South, Range 4 West, Section 3 1 City of Carlsbad. WHEREAS, at said 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 Site Development Plan NO. 85-8. 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 hearing, the Commission APPROVES SDP 85-8, based on the following findings and subject to the following conditions: //// //// //// //// //// 0 0 I/ Findings: 1 A 1) The proposed development is consistent with the General Plan 2 and the "professional and Related Commercial" land use designation. 3 4 surrounding development, both existing and future. 2) The proposed development, as conditioned, is consistent with 5 6 3) The project is consistent with all City public facility pol- will be required as conditions of approval. 7 icies and ordinances since: l a) All necessary public improvements have been provided or 8 9 10 11 12 13 b) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 27, 1985 and approved by the Planning Commission on August 28, 1985. 14 Conditions: II 15 conditions. 17 in the Land Use Planning Office. Development shall occur 16 1 ) Approval is granted for SDP 85-8, as shown on Exhibits "A" - aD"b dated July 30, 1985, incorporated by reference and on filt substantially as shown unless otherwise noted in these 18 19 20 21 22 23 24 25 26 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. 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Cit: Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated June 17, 1985, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. I 27 ordinances in effect at time of building permit issuance. 28 4) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City PC RES0 NO. 2480 -2- I I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 I 28 I1 5) This approval shall become null and void if building permits are not issued for the first phase of this project within one year from the date of project approval. Building permits for the second phase of the project shall be issued within one yea' of the building permits for the first phase of this project. 6) Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Costa Real Water District, dated May 25, 1983. 7) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 8) The applicant shall prepare a detailed landscape and irrigatio plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 9) All parking lot trees shall be a minimum of 15 gallons in size. 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 11) Any signs proposed for this development shall be designed in 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. 12) 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. 13) 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. 14) A minimum distance of 15 feet from the front property line inward along the driveway shall be kept clear of view-obscurin vegetation to maintain adequate sight distance for cars exitin the project. 15) The 5 foot setback adjacent to the freeway shall be heavily planted with 15 gallon shrubs to the satisfaction of the Land Use Planning Manager. The plants shall form a view-obscuring screen 4 feet high. 16) Approval of Site Development Plan No. 85-8 is granted subject 1 to approval of Variance 368. 1 //// PC RES0 NO. 2480 -3- I I /I e 0 I ~ /I 111 Engineering: 2 ll 17) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 3 4 5 6 7 18) 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 ensure 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. 8 19) No grading shall occur outside the limits of the project unles a letter of permission is obtained from the owners of the 9 affected properties. 10 20) A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site 11 if located within the city limits. 12 21 ) All slopes within this project shall be no steeper than 2: 1 . 13 14 22) 16 15 17 18 19 I 20 21 22 23 24 23) The developer shall exercise special care during the construction phase of this project to prevent any offsite 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 . 25 26 27 28 24) The owner of the subject property shall execute a hold harmles agreement regarding drainage across the adjacent property pric to approval of any grading or building permit for this project. //// PC RES0 NO. 2480 -4- .. !I 0 0 /I 1 2 25) 4 3 5 6 7 8 9 10 26 1 The developer shall make an offer of dedication to the City fo: all public streets and easements required by these conditions or shown on the Site Development Plan. The offer shall be mad( prior to issuance of any building permit for this project. Al: land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the developer before the issuance of any building permit. The developer shall obtain approval of the plans from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any building permit. The developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupancy of any portion of the project for any purpose. The improvements are : 11 12 13 14 a) Sidewalk on the west side of Pi0 Pic0 along the frontage b) Replacement/repair of any existing public improvements of this project, along the frontage of this site (curb & gutter, storm drain system, etc. ) , c) Provide for undergrounding of overhead utilities along the frontage of this project. i I 15 site plan. 16 27) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this 17 18 19 20 21 22 23 24 25 26 27 28 I 28) The driveway access shown on Exhibit "C" shall be widened to a minimum of 24 feet. 29) This project is approved upon the condition that the property owner shall enter into a reciprocal access agreement with the adjacent property owner to the north to provide for a common driveway on Pi0 Pic0 Drive. No additional access points or curb opening shall be permitted on either lot. 30) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. Fire Department: 31 ) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department . /I// //// PC RES0 NO. 2480 I I -5- I .. 0 0 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 32) Additional public and/or onsite fire hydrants shall be providec if deemed necessary by the Fire Marshal. 33) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 34) 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 construction. I Parks and Recreation: 35) Applicant shall plant street trees as stipulated in the City Landscape Guidelines Manual. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 28th day of August, 1985, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners: L'Heureux, Marcus, McFadden, Smith, Rombotis & Hall. NOES: None. ABSENT : None. I ABSTAIN: None. [8[ ej--,e- AiLU?, CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION 19 20 21 22 23 24 25 26 27 28 11 ATTEST: MICHAEL J. WLZMIUER LAND USE PLANNING MANAGER MICHAEL J. WLZMIUER LAND USE PLANNING MANAGER PC NSO NO. 2480 -6 - j