HomeMy WebLinkAbout1986-03-26; Planning Commission; Resolution 2541..I ..
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PLANNING COMMISSION RESOLUTION NO. 2541
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDED TENTATIVE TRACT
MAP AND A NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF POINSETTIA LANE AND AVENIDA ENCINAS.
APPLICANT: POINSETTIA VILLAGE CASE NO: CT 81-6(B)/PUD-94
WHEREAS, a verified application for certain property to
Portions of Sections 28 and 29, Township 12 South, Range 4 West, San Bernardino Meridian,
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, the Planning Commission did, on the 26th day of
March, 1986, hold a duly noticed public hearing as prescribed by
law to consider said request; and
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 the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES CT 81-6(B)/PUD-94, based on
the following findings and subject to the following conditions:
Findinqs :
1) The project is consistent with the City's General Plan since
the proposed commercial development is consistent with the
Community Commercial designation as indicated on the Land Use
Element of the General Plan.
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The applicant is by condition, required to pay any increase i public facility fee, or new construction tax or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad. This wil ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
The site is physically suitable for the type and intensity of
the development since the site is adequate in size and shape accommodate commercial development as conditioned at the intensity proposed.
The project is consistent with all City public facility pol- icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropria condition to this project, ensured that the final map wil not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits ma 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 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.
b) All necessary public improvements have been provided or will be required as conditions of approval.
c) 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.
d) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
This project will not cause any significant environmental impacts and has undergone previous environmental review, therefore the the Planning Director has issued a Notice of Prior Compliance on February 1, 1986 and approved by the Planning Commission on February 26, 1986.
The additional mitigating measures added to the circulation system as discussed in the staff report will ensure safe access to and from the project .
Conditions:
1) The approval shall supercede and replace all approvals and conditions in Resolution No. 2180 (CT 81-6(A)).
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Approval is granted for CT 81-6(B)/PUD-94, as shown on Exhibits "A" - "C" dated March 18, 1986 and "D" - "R" dated February 6, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions.
This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision.
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. This note shall be placed on the final map.
This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City 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 October 7, 1982, 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.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance.
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.
The applicant shall establish an owners association and corresponding covenants, conditions and restrictions. Said
CCbR's shall be submitted to and approved by the Planning Director prior to final map approval.
A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project.
All landscaped areas shall be maintained by the owner/developer in a healthy and thriving condition, free from weeds, trash, and debris.
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All parking lot trees shall be a minimum of 15 gallons in size.
Areas adjacent to Avenida Encinas shall be have undulated berms and heavy landscaping to provide a screen for automobiles parked at the shopping center.
A specific sign program for this development shall be designed in conformance with the sign program originally approved for this site (SDP 82-3) and shall require approval of the Planning Director prior to approval of the final map. All signs proposed for this project shall comply with the approved sign program and shall require review and approval of the Planning Director prior to installation of such signs.
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 Planning Director.
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 Directors of Planning and Building.
Buildings shall be constructed in such a manner to support any roof loads necessary to provide adequate screening and shielding of roof appurtenances .
Exterior lighting shall be a type so as not to make visible a direct light source or cause glare outside the project area. Proposed light fixtures shall be subject to review to assure compatibility with the architectural scheme of the total development.
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 Planning Director and North County Transit District.
Approval of Tentative Tract No. CT 81-6(B) is granted subject to approval of Non-residential Planned Unit Development No. 94 and Site Development Plan No. 82-3(A).
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.
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Pad #1, as shown on Exhibit "B", dated March 18, 1986, shall
be utilized for office, banks, and savings and loan institute uses only. This pad may be utilized for retail uses if the drive-thru is eliminated and approval is granted by the Planning Director. Pads #2 and #3 may be utilized
for drive-thru restaurants. Pads #4 and #6 may be utilized for a restaurant use without a drive-thru facility, or office, or retail commercial use subject to approval of the Planning Director. Pad #5 may be utilized for six gasoline pumps, a cashier's booth, and a small office/supply area. Service bays, car wash facilities and mini-marts are specifically prohibited as a part of this approval.
Buildings 1-6 shall be designed to be architecturally compatible and intregrated with SDP 82-3(A). Building design and landscaping for these structures shall be approved by the Planning Director and presented to the Planning Commission as an information item.
~ll compact stalls shall have a mininimum dimension of 8' x
15'.
Before obtaining a final map or building permits, whichever occurs first, the applicant shall: (a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by
the City Council prior to July 20, 1986; (b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition complies with City Council Ordinance No. 9791.
The applicant shall provide four additional parking spaces or reduce the gross building square footage by 800 square feet .
Approval of SDP 82-3(A) shall run concurrently with the approval of CT 81-6(B)/PUD-94.
Engineering Conditions:
27) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
28) The grading for this project is defined as "controlled grad- ing" 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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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 con- tour map which represents both the pre and post site grad- ing. 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 per- manent record.
No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties,
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.
All slopes within this project shall be no steeper than 2:l.
Prior to hauling dirt or construction materials to any proposed 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.
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.
The applicant shall hydroseed all vacant lots and slopes
with an approved seed mix, as approved by the Planning Director. This seed mix, and application note shall be placed on the approved grading plan.
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Additional drainage easements and drainage structures shall
be provided or installed as may be required by the the City Engineer. Prior to approval of final map, the applicant
shall receive approval to the satisfaction of the City Engineer of relocation of storm drain and abandonment of easements across Lot 1 and Lot 2 of this project.
The developer shall pay the current local drainage area fee prior to issuance of any grading or building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project.
Prior to final map approval, the applicant shall apply for and receive approval of a street vacation of Loganberry Drive. This access shall be realigned, including sewer, water, drainage, etc. to a private access to be maintained by the property owners in perpetuity. A note delineating
this responsibility (maintenance) shall be placed on the final map .
Prior to final map approval a reciprocal access, parking and drainage easement shall be established across all lots in the subdivision.
Should the applicant - not receive approval of a street vacation of Loganberry Drive, or the storm drain relocation,
this plan shall be revised to incorporate the public street into this design and shall return to the governing body for approval of an amendment to this plan.
The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Site Development Plan. All 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.
Prior to final map approval, the applicant shall establish a view corridor easement to restrict any use which would obstruct visibility from the main entrance to this project (across from the Lake Shore Gardens Mobile Home Park) to the most southerly access of this project, as shown on Exhibit "A" and approved by the City Engineer.
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Direct access rights for all lots abutting Avenida Encinas, except the existing points of access as shown on Exhibit "A" shall be waived on the final map.
Lots 8, 9 and 11 shall take access from the specific openings shown on the tentative map for this project. (250' northerly from centerline of Avenida Encinas.)
Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure
with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer:
Private access roadway, parking lot, and drive.
Sewer, water, storm drainage system (including relocation) to serve this project.
Public improvements along the project frontage of Avenida Encinas (secondary arterial standards) including widening, relocation of curb, gutter and Sidewalk, drainage inlets and utilities and replacement of damaged improvements as required by the City Engineer.
Traffic signals including but not limited to Poinsettia
Lane and Avenida Encinas and the entrances to this development as required by the City Engineer.
Adequate warning signs and lights, a dedicated view corridor, and acceleration/deceleration lanes and restricted median design. All to provide maximum safe
entrance to and exit from this site, and the Poinsettia Village Mobile Home Park.
The main entrance to this project (across from the main entrance to Lakeshore Gardens) shall be 48 feet wide, curb to curb. Design of this entrance shall be approved by the
City Engineer.
The left turn pocket into the main entrance shall be reconstructed to increase capacity, as required by the City Engineer.
The northerly entrance to this project shall be right turn in/right turn out when the City Engineer determines that a hazard to vehicles on Avenida Encina exists. (A note to this effect shall be placed on the final map.) The applicant shall design and post necessary security to guarantee reconstruction of the median to prohibit left turns into this site. When the City Engineer determines
the median shall be closed, a full median shall be constructed.
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The interim left turn entrance (northerly entrance) shall
be designed to allow only left turns into this site, as shown on exhibit B dated March 21, 1986, as approved by the City Eng ineer .
Reimbursement agreements shall be available for the traffic signal at Poinsettia Lane and Avenida Encinas. The developer's portion of this signal shall not exceed 25%.
Improvements listed above shall be constructed within 12 approval, whichever occurs first.
Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan.
The developer shall construct private street accesses to public streets in such a way as to clearly designate that the private streets are not a portion of the public street
system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT, at the access point to private streets from public streets. The script on
the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project.
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.
The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Stan-
dards prior to occupancy of any buildings.
The developer shall install a wheelchair ramp at the public street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any build- ings.
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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The design of all private streets and drainage systems shall be approved by the City Engineer prior to issuance of any grading or building permit for this project. The design of all private streets shall conform to City of Carlsbad standards of public streets. The structural section of all private streets shall conform to City of Carlsbad Standards 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.
The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision.
All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code.
The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units.
The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer.
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)
Firm:
Address:
City, St.:
Telephone:
BY Date : (Name of Engineer)
R.C.E. NO. #
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.
Approval of this tentative tract map shall expire twenty- four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at
the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions.
Pursuant to the provisions of Section 20.20.050( 1) of the
Carlsbad Municipal Code, a parcel map may be filed in lieu of a final map. Whenever reference is made in these conditions to a final map, the reference shall apply also to a parcel map filed in lieu thereof.
Prior to approval of improvement or grading plans for this
development, the developer shall obtain specific inspection of existing sewer, water, and storm drain facilities. Repair and or replacement shall be provided as required by
the Public Works Inspector, or agency of service.
Fire DeDartment
70) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
71) Additional public and/or onsite fire hydrants shall be
provided if deemed necessary by the Fire Marshal.
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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.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site.
Fire retardant roofs shall be required on all structures.
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.
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.
Prior to issuance of building permits, the developer shall
provide the Fire Department with a 500' scale map showing streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block.
Parks and Recreation
79) The following sizes of trees shall be planted along the Interstate 5 frontage:
30% 15 gallon Eucalyptus (species) 70% 5 gallon Eucalyptus (species)
80) The following sizes of trees shall be planted along the Avenida Encinas frontage:
50% 24" box Melaleuca Leucadendra
50% 36" box Melaleuca Leucadendra 15' high Arecastrum Romanzoffianum
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
lanning Commission of the City of Carlsbad, California, held on
he 26th day of March, 1986, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: McBane, Marcus, McFadden, Smith and Holmes.
NOES : Commissioner Hall.
ABSENT: None .
ABSTAIN : None .
Lh CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION
TTEST:
LANNING DIRECTOR
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