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HomeMy WebLinkAbout1986-06-25; Planning Commission; Resolution 2566t 1 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 I 0 0 PLANNING COMMISSION RESOLUTION NO. 2566 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSION DETERMINATION FOR THE CONSTRUCTION OF AN AUTOMOBILE DEALERSHIP ON PROPERTY LOCATED AT 5445 PASEO DEL NORTE IN CARLSBAD CAR COUNTRY. APPLICANT: JIM FINNEY PONTIAC CASE NO.: PCD-90 WHEREAS, a verified application for certain property to wit: Lot 3, Carlsbad Tract No. 72-3 in the City of Carlsbad, in the County of San Diego, State of California according to the Map thereof No. 7492, filed in the Office of the County Recorder of San Diego County November 30, 1972, 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 25th day of June, 1986, consider said request; and 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 the Planning Commission Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 anning 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 APPROVES PCD-90, based on the following findings and subject to the following conditions: Findings: 1) The project is consistent with the City's General Plan since this site is designated for commercial uses by the Land Use Element of the General Plan. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 I I I 2) The 3.45 acre site is physically suitable for the proposed type and intensity of development since the site is adequate in size and shape to accommodate the commercial development at the intensity proposed. 3) The project is consistent with all City public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured 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 remains available, and the Planning Commission is satisfied 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 i 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 fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will 14 il be avai 1 able concurrent with need as required by the General P1 an. 15 4) This project will not cause any significant environmental facilities listed in the conditions of approval or the payment 18 17 Commission on June 25, 1986. Planning Director on May 14, 1986 and approved by the Planning 16 impacts and a Negative Declaration has been issued by the 5) This project requires the construction of the improvements or of fees in lieu of construction. This project creates a stated in the staff report. If the improvements or facilities on existing improvements and facilities. Further, the adequate and appropriate service to future residents of the 19 I direct need for the improvements or facilities for the reasons 20 1/11 25 1/11 24 //I/ 23 project consistent with City goals, policies and plans. 22 improvements and facilities are necessary to provide safe, 21 are not provided the project will create an unmitigated burden 26 //// 27 1/11 I 28 PC RES0 NO. 2566 -2- I/ I me 0. 1 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 ~ i ~ ~ ~ ~ , 6) The applicant is by condition, required to pay any increase in 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 will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 7) The project fulfills the requirements of the Car Country Carlsbad Specific Plan SP-19 as amended, along with existing City policy and standards as identified in the staff report. 8) The project is consistent with the requirements of the City of Carlsbad Local Coastal Program as identified in the staff report. Conditions: 1) Approval is granted for PCD-90, as shown on Exhibits "A" - "C", dated May 20, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. This note shall be placed on the final ~ map. 3) This project is also approved under the express condition that the applicant pay the additional public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Ordinance No. 9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 27, 1986 a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project Shall be void. 4) Approval of this request shall not excuse compliance with a1 1 sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 5) 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. /I// PC RESO NO. 2566 -3- a@ .. 1 2 3 4 5 6 7 a 9 no 311 :L 2 :L3 :14 :15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 6) The applicant shall prepare a 24" x 36" reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Planning Director prior to the issuance of building permits. 7) The applicant shall prepare a detailed landscape and irriga- tion plan Which Shall be submitted to and approved by the Planning Director prior to tne issuance of grading or building permits, whichever occurs first. 8) All parking lot trees Shall be a minimum of 15 gallons in size. 9) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 10) A uniform sign program for this development Shall be submitted to the Planning Director for his review and approval prior to occupancy of any building. 11) 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. 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 Directors of Planning and Building. 13) 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. 14) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. //I/ /I// /I// //I/ PC RES0 NO. 2566 -4- m .. 1 2 3 4 5 6 7 8 9 10 :11 :I 2 11 3 '14 15 16 17 18 19 20 I ~ 21 ~ 22 23 24 25 26 27 28 I I I 15) Before obtaining a final map or building permit, 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. 16) All lighting fixtures Shall be a metallic vapor and quartz variety compatible with the type presently existing on the Mazda dealership on this site. All onsite lighting shall be shielded from direct glare onto the adjoining roadways. 17) All customer and service parking spaces shall be clearly marked with small pole signs. 18) A valid Coastal Development Permit in substantial conformance to this approval shall be required prior to issuance of building permits. 19) Prior to issuance of any building permits signage on the existing Mazda dealership on this site shall be modified as shown on Exhibit ''A" dated May 20, 1986. Engineering Department: I 20) Pretreatment of the sanitary sewer discharge from this projec is required. In addition to the requirements for a sewer connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste discharge permit concurrently with the building permit for this project No Certificates of Occupancy for the project will be issued before the industrial waste discharge permit application requirements have been met, all applicable fees paid and the permit issued. t .. ~ 21) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. I 22) 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 inspection and testing to ensure compliance of the work with I the approved grading plan, submit required reports to the CitJ Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. I I engineer whose responsibility it shall be to coordinate site ' ~ //// 1 PC RES0 NO. 2566 -5- I i I I1 ea m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. 24) 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. 25) All slopes within this project shall be no steeper than 2:1. 26) 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. 27) 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. 28) Additional drainage easements and drainage structures Shall be provided or installed as may be required by the City Engi- neer. 21 22 29) 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. 23 24 25 26 27 I I I 30) 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 plan. The offer shall be made prior to issuance of any building permit for this project. 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. I 28 PC RES0 NO. 2566 -6- a .. 1 2 3 4 5 6 7 8 9 10 I1 :12 1 3 14 1 5 16 I. 7 1.8 1.9 20 21 22 23 24 25 26 27 28 31) The developer Shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to issuance of a Certificate of Occupancy for any unit within the project. The improvements are: a) Replacement curb, gutter and sidewalk and A.C. paving if found defective by the City Engineer. b) Sewer, water and drainage facilities to serve this project. 32) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. 33) The developer shall install sidewalks along a11 public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 34) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 35) All plans, specifications, and supporting documents for the improvements of this project shall be si gned and sealed by the Engineer in responsible cnarge 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 1 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. ///I 1/11 I/// /I// //// PC RES0 NO. 2566 -7- I ll .. .. 1 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 I 28 I Ii 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. # 36) 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. Water Conditions: 37) The entire water system for subject project shall be evaluated in detail to insure adequate capacity for domestic, landscaping and fire flow demands prior to issuance of building permits. I 38) The developer and his engineer schedule a meeting with the District Engineer and establish water system layout prior to the water system improvement plans being drawn. 39) The developer will be responsible for the major facility charge which will be collected at time of issuance of building permit. Fire Department: I 40) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 41) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. 42) 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, prior to issuance of any building permits. PC RES0 NO. 2566 - 8- * 0 1 2 43) All required fire hydrants, water mains and appurtenances being located on the project site. shall be operational prior to combustible building materials 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the 4 the 25th day of June, 1986, by the following vote, to wit: 5 Planning Commission of the City of Carlsbad, California, held on 6 7 AYES: chairman schlehdwr , Conanissioners : McEmne, Marcus, NOES: None a madden, Schrm, HoI.mS & Hall. 8 Ij ABSENT: None* 9 10 11 12 ABSTAIN: Nonee A 6 /6i% CLARENCE SCHLEHUBER , Chairman CARLSBAD PLANNING COMMISSION 13 // ATTEST: 14 6 13fjjL I/* MICHAEL J. HOLZMILLEU ' I-5 PLANNING DIRECTOR 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2566 -9- I!