HomeMy WebLinkAbout1985-09-11; Planning Commission; Resolution 2487VI 0
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PLANNING COMMISSION Rl3SOLUTION NO. 2487
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CAKLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN FO
PHASE I OF MP-175 TO ALLOW CONSTRUCTION OF A LAW SCHOOL,
AN OFFICE BUILDING AND TWO RESEARCH AND DEVELOPMENT
BUILDINGS AND 129 RESIDENTIAL UNITS ON PROPERTY GENERALLY
LOCATED ON BOTH SIDES OF WINDROSE CIRCLE JUST NORTH OF
BATIQUITOS LAGOON.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO. : SDP 85-5
WHEREAS, a verified application has been filed with the
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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 on the 11th day of September, 1985,
considered said request on property described as:
All of lots 1, 2, 3, and 4 of Parcel Map Number 13653,
together with a portion of the west half of Section 33,
Township 12 South, Range 4 West, San Bernardino Base
Meridian, all in the City of Carlsbad, County of San
Diego, State of California.
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. 85-5.
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 85-5, based on the following findings and subject to the following conditions:
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1 /I Findings: I
2 I1 1) The project is consistent with all City public facility pol-
icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appropria
condition to this project, insured building permits will
not be issued for the project unless the City Engineer
determines that sewer service is available, and building
cannot occur within the project unless sewer service i
remains available, and the Planning Commission is satisfi
that the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply to
sewer service for this project. T 8
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b) The Carlsbad School District has written a letter, dated
September 10, 1985, stating that school facilities will b
available to this project. t =* I/ c) Park-in-lieu fees are required as a condition of approval I 11
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d) All necessary public improvements have been provided or
will be required as conditions of approval.
e) The applicant has agreed and is required by the inclusion
of an appropriate condition to pay a public facilities fe
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. t 16 2) The proposed project is consistent with the Carlsbad Zoning Ordinance and the Batiquitos Lagoon Educational Park Master 17 Plan (MP-175).
18 3) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for 19
Use Planning Manager on August 24, 1985 and approved by the 21
4) This project will not cause any significant environmental 20
residential development on the General Plan.
impacts and a Negative Declaration has been issued by the LamA
Planning Commission on September 11, 1985. 22
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COnditlons: I 1) Approval is granted for SDP 85-5, as shown on Exhibits "A" - 'IG" , dated September 6, 1985, incorporated by reference an
on file in the Land Use Planning Office. Development shall
occur substantially as shown unless otherwise noted in these
conditions. 1 ///I
PC RES0 NO. 2487 -2- 28
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1 final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is availabll:
2 to serve the subdivision.
2) This project is approved upon the express condition that the
3 3) This project is approved upon the express condition that
building permits will not be issued for development of the
facilities are available at the time of application for such
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sewer permits and will continue to be available until time of 5
subject property unless the City Engineer determines that sewex
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This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by Cityy
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 September 9, 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.
5) Approval of this request shall not excuse compliance with all
sections of the Batiquitos Lagoon Educational Park Master Plan
all sections of the Zoning Ordinance and all other applicable
City ordinances in effect at time of building permit issuance.
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.
Land Use Planning:
7) The applicant shall prepare a reproducible mylar of the final
site plan incorpqrating 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.
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2o 8) The applicant shall establish an Master Educational Park
Association for Phase I and corresponding covenants, condition:;
22 approved by the Land Use Planning Manager prior to final map
approval.
23 9) The applicant shall prepare a detailed landscape and irrigatio:i
24 plan which shall be submitted to and approved by the Land Use
Planning Manager prior to the issuance of building permits.
21 and restrictions. Said CC&R's shall be submitted to and
25 I 10) All parking lot trees shall be a minimum of 15 gallons in
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27 thriving condition, free from weeds, trash, and debris by the Master Educational Park Association. 28
11) All landscaped areas shall be maintained in a healthy and
PC RES0 NO. 2487 -3-
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12) Any signs proposed for this development shall be designed in
and approval of the Land Use Planning Manager prior to
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installation of such signs. 2
conformance with Master Plan MP-175 and shall require review
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13) 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.
14) 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.
15) 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.
16) All development upon this property shall have to comply with
the general and specific development standards and the public
facilities phasing requirements of the Batiquitos Lagoon
Educational Park Master Plan.
16 17) The proposed law school must be constructed and operating
prior to the issuance of building permits for the other 17 proposed office and research and development facilities.
18 18) All residential development in Phase I shall be processed according to Chapter 21.45 of the Municipal Code (PD 19 Ordinance). I
20 /I Engineering:
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19) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
20) The grading for t'nis 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.
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21) Upon completion of grading, the developer shall ensure 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 contou
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.
6 I/ 22) a letter of permission is obtained from the owners of the i No grading shall occur outside the limits of the project unles
7 I1 affected properties. I
8 I\ 23) All slopes within this project shall be no steeper than 2 :l.
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24) 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
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.
, I approved by the City Engineer. The developer shall maintain
18 25) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County
neer.
19 Department of Sanitation and Flood Control or the City Engi-
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21 basin study shall be submitted to and approved by the City
Engineer, said study shall incorporate detailed plans for
26) Prior to approval of grading plans for this site, a drainage
22 desiltation of this basin, including maintenance of facilities
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proposed.
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29)
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The developer shall construct desiltation/detention basins of a
type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation basin
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of any
grading or building permit for this project. Each desiltation
basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction
of this project a5 required by the City Engineer.
The owner of the subject property shall execute a hold harmless
agreement regarding drainage across the adjacent property prio::
to approval of any grading or building permit for this
project.
The developer shall make an offer of dedication to the City fo:r all public streets and easements required by these conditions
or shown on the Site Development Plan. The offer shall be made prior to issuance of any building permit for this project. A1:- 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 0::
any portion of the project for any purpose. The improvements
are:
a) Avenida Encinas, as a secondary arterial, full width to Windrose Circle.
b) Windrose Circle, as a secondary arterial, full width from
Avenida Encinas to the westerly boundary of Phase I.
c) Median system for Avenida Encinas, and Windrose Circle subject to approval of the City Engineer.
The developer shall install street lights along all public and
private street frontages in conformance with City of Carlsbad
Standards .
The developer shall install street trees at the equivalent of
40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
%SO NO. 2487 -6 - 28
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33) The developer shall install meandering sidewalks along all 1
satisfaction of the City Engineer. 2
public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings, or to the
3 34) The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with Cit; 4 of Carlsbad Standards prior to occupancy of any buildings.
5 35) The developer shall comply with all the rules, regulations and
36) Unless a standard variance has been issued, no variance from 7
regarding services to the project. 6 design requirements of the respective sewer and water agencies
City Standards is authorized by virtue of approval of this 8 tentative map.
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37) The design of all private streets and drainage systems shall bc
approved by the City Engineer prior to issuance of any grading
or building permit for this project. The structural section 0: all private streets shall conform to City of Carlsbad Standard:
based on R-value tests. All private streets and drainage
systems shall be inspected by the city, and the standard improvement plan check and inspection fees shall be paid prior to issuance of any building or grading permit for this project.
14 38) All private streets and drainage systems shall be maintained b!
all times, and shall have posted "No Parking/Fire Lane Tow Awa:i
39) All private driveways shall be kept clear of parked vehicles a.: 16
shall be clearly stated in the CC&R's. 15 the homeowner's association in perpetuity. This responsibilitll
:: 40) The applicant shall agree to utilize reclaimed water, in Type 18
Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 17
form, on the subject property in a11 common areas as approved 19 by the City Engineer. I 20
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41) Irrigation systems to accommodate future reclaimed water shall
be designed consistent with Title 17 of the California State
Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation
of adequately sized sleeves at crossing points to minimize street excavation.
42) Some improvements shown on the Tentative Map and/or required b
these conditions are located offsite on property which neither
the City nor the subdivider has sufficient title or interest t
permit the improvements to be made without acquisition of tit1 or interest. The subdivider shall conform to Section 20.16.09
of the Carlsbad Municipal Code.
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PC RES0 NO. 2487 -7 - I
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60) 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 signe
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)
Firm:
Address:
City, St. :
Telephone:
BY
(Name of Engineer) Date :
R.C.E. NO. #
61) The developer shall provide the City with a reproducible mylar
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.
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PC RES0 NO. 2487 -8-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Planning Commission of the City of Carlsbad, California, held on
the 11th day of September, 1985, by the following vote, to wit:
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4 I/ AYES: Chairman Schlehuber, Commissioners: L'Heureux,
Marcus, Smith and Hall.
5 NOES : None.
6 ABSENT: Commissioners Rombotis and McFadden.
7 ABSTAIN : None.
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f?i!LA A". /J$fhig;<' -,,I <{5i., - --
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
11 ATTEST : /I
LAND USE PLANNING MANAGER 14
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