HomeMy WebLinkAbout1987-08-19; Planning Commission; Resolution 26757
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PLANNING COMMISSION RESOLUTION NO. 2675
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
NO. 86-3, TO CONSTRUCT A SHOPPING CENTER, INCLUDING A GAS STATION AND DRIVE-THRU RESTAURANT ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD AND LA COSTA AVENUE
APPLICANT: RANCHO LA COSTA PLAZA
CASE NO. : SDP 86-3
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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 on the 19th day of August, 1987, considere
said request on property described as:
Parcel 1 and 2 of Parcel Map No. 12586 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. 86-3.
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.
5) That based on the evidence presented at the hearing, the
Commission APPROVES SDP 86-3, based on the following
findings:
Findings:
1) The project is consistent with the City's General Plan since
the proposed commercial land use complies with the
designation on the General Plan as well as the La Costa Master Plan.
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2) The site is physically suitable for the type of development
proposed since the site is adequate in size and shape to
accommodate commercial development at the intensity
proposed.
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3) 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.
8 4) School fees will be paid to ensure the availability of school
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facilities in the Encinitas Union School District and the San
Dieguito Union High School District.
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5) All necessary public improvements have been provided or will
be required as conditions of approval.
6) 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. i
15 // 7) Assurances have been given that adequate sewer for the
project will be provided by Leucadia County Water District.
l61/ 8) The proposed project is compatible with the surrounding
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I future land uses since surrounding properties are
designated for commercial, open space, or arterial roadways
on the General Plan. Future and existing residential is
buffered by open space and slopes.
19 /I I 9) This project will not cause any significant environmental
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Planning Commission on August 19, 1987. 21
impacts and a Negative Declaration has been issued by the
Planning Director on August 5, 1987 and approved by the
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IO) This project requires the construction of the improvements or facilities listed in the conditions of approval or the
payment of fees in lieu of construction. This project
creates a direct need for the improvements or facilities for
the reasons stated in the staff report. If the improvements
or facilities are not provided the project will create an
unmitigated burden on existing improvements and facilities.
Further, the improvements and facilities are necessary to
provide safe, adequate and appropriate service to future
residents of the project consistent with City goals,
policies and plans.
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11) 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.
12) The project is consistent with the provisions of Chapter
21.90 of the Carlsbad Municipal Code and the plans adopted
pursuant of this Chapter or has signed an agreement to be
subject to such plans when they are adopted.
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13) This project is consistent with the City's Growth Management
Ordinance as it has been conditioned to comply with any
requirements approved as part of the Local Facilities
Management Plan for Zone 11.
Conditions: I
1) Approval is granted for SDP 86-3 , as shown on Exhibit(s) A - E, dated August 7, 1987, 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 assurances have been given by the
Leucadia County Water District in writing, if sewer
facilities are located in the Leucadia County Water District.
3) This project is also approved under the express condition
that the applicant pay the public facilities fee adopted by
the City Council on April 22, 1986 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated February 26, 1986 and the
agreement to pay the Growth Management Fee dated July 30,
1987, 1987, copies of which are on file with the City Clerk
and are 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) The applicant shall provide school fees to mitigate
conditions of overcrowding as part of building permit
application. These fees shall be based on the fee schedule in
effect at the time of building permit application.
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City ordinances in effect at time of building permit 28
5) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable
issuance.
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6) This approval shall become null and void if building permits
are not issued for this project within one year from the date of project approval.
7) Water shall be provided by the Olivenhain Municipal Water
District.
8) 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.
9) The applicant shall prepare a detailed landscape and irriga-
tion plan which shall be submitted to and approved by the
Planning Director prior to the issuance of grading or building
permits, whichever occurs first. The preliminary landscape plan as submitted shall be changed to reflect the following:
the theme trees and support-theme trees along Rancho Santa Fe
Road shall be as described in the Landscape Guidelines Manual;
landscape plan shall include median planting along property
frontage of Rancho Santa Fe Road per specifications in the
Manual; landscaped areas shall include not only zone one
landscape material, but also zone two, and the slope to the
south shall use zone three materials; proposed hydroseed mix
is not sufficient to meet standards for erosion control so
supplemental planting per the Manual shall be included; the
pedestrian area in front of Buildings A, B and C shall
incorporate more landscaping in the form of planters, flower
boxes, trees, etc...to the satisfaction of the Planning
Director; the landscaping along Rancho Santa Fe Road and the
intersection corner shall use specimen-size trees; berming and
lush plant materials shall .be used along the retaining walls;
special treatment shall be given to the setback area behind
Buildings A, 8, and C because.of the future residential units
to the south; landscaping shall be provided, in the form of
tall trees, in front of the retaining wall in the corner, or
to the west of the service station to prevent visual impacts.
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IO) The center aisle of the parking lot shall incorporate tree
planters in the center of the two rows of spaces, at an
interval of every five spaces. All parking lot trees shall be
a minimum of 15 gallons in size.
11) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
12) 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. No pole signs shall be allowed.
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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 Planning Director. A trash enclosure for the drive-thru shall be
provided. All trash enclosures shall be the same color and
represent the same architecture style as the major onsite
buildings.
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 Directors of Planning and Building. The roof of the
service station shall be visually pleasing since it will be
close to grade level of Rancho Santa Fe Road. i 8 15)
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Approval of the service station and the drive-thru under this
site development plan shall be considered to constitute the
approval of a conditional use permit pursuant to Section 21 .42
of the Carlsbad Municipal Code. The service station and
drive-thru facility shall be granted for a period of 30 years.
They shall be reviewed by the Planning Director on a yearly
basis to determine if all conditions of this site development
plan have been met and that the use does not have a
significant detrimental impact on surrounding properties or
the public health and welfare. If the Planning Director
determines that these have such significant adverse impacts,
the Planning Director shall recommend that the Planning
Commission, after providing the permittee the opportunity to
be heard, add additional conditions to mitigate the
significant adverse impacts. These uses may be revoked at any
time after a public hearing, if it is found that they have a
significant detrimental affect on surrounding land uses and
the public's health and welfare, or the conditions imposed
herein have not been met. These uses may be extended under
this permit for a reasonable period of time not to exceed five
years upon written 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 these uses. There is no limit to the
number of extensions the Planning Commission may grant.
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16) If any condition for construction of any public improvements
or facilities, or the pa.yment 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.
17) No outdoor storage of material shall occur onsite unless
required by the Fire Chief. In such instance a storage plan
will be submitted for approval by the Fire Chief and the
Planning Director.
18) Elevations for the drive-thru facility and Building D on the
site plan shall be submitted to and approved by the Planning
Director prior to issuance of building permits.
19) Union Oil shall agree to scheduling gas deliveries between 10
p.m. and 7 a.m. An agreement shall be prepared by the
Planning Department and signed by Union Oil prior to issuance of building permits.
20) The building footprint for the service station shall not
change from what is shown on the site plan. The north wall of
the building shall be constructed as a retaining wall.
21) All retaining walls and planter walls less than 10 feet in
height in the project shall use slump block or other similar
decorative wall material for aesthetic purposes. Walls
higher than 10 feet shall be crib walls. The exception is
the 4 foot retaining wall on the southern slope (off-site)
which also shall be crib.
22) The railing to be placed on top of the retaining and planter walls along Rancho Santa Fe Road shall be compatible with the
site architecture and landscaping and shall be approved by the
Planning Director.
23) Parking lot light fixtures shall be of a decorative nature,
the exact style and specifications to be approved by the
Planning Department. These fixtures shall be designed to
cast light downward and not impact adjacent streets or
property.
24) The building facades of the three towers and the main
entrance shall incorporate tile around the archways.
25) All sidewalks or walkways within the center shall be a
decorative stamped concrete.
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1 showing further enhancement of the rear portions of buildings
A - C for Planning Director approval prior to the issuance
26) The applicant shall submit a revised southern elevation
2 of any building permits.
3 27) Additional handicapped parking spaces shall be added in front
of buildings A - C to the satisfaction of the Planning 4 Director.
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28) A rack for bicycle parking shall be added in a size and
location to be approved by the Planning Director prior to
occupancy.
7 29) Prior to occupancy the applicant shall designate a block of
8 parking as employee parking to the satisfaction of the
Planning Director. Those spaces will be as far away from the
9 main building as possible.
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11 sewer capacity is available at the time of application for
such permits and will continue to be available until time of
Engineering Department:
30) This project is approved upon the express condition that
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grading volumes as shown on Exhibit C dated August 7, 1987 14
31) The developer shall obtain a grading permit prior to the
32) Prior to the issuance of a grading permit for this project, the developer shall execute a hold harmless agreement
regarding any damage andlor claims that may arise through any 17 geological failure and subsequent damage that may occur on,
18 or adjacent to, this subdivision due to its construction,
operation or maintenance.
commencement of any clearing or grading of the site. The
represent the maximum allowed earthwork by this approval.
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33) 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 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.
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34) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties. The applicant has requested a
l-l/Z:l slope along the southen slope of this project, in
lieu of the crib wall design. Should the applicant wish to
pursue this request, a third party, geo-technical review of
the soilslgeologic report, will be required. The final
approval of the third party review shall be made by the City
Engineer. The applicant shall be responsible for all costs
incurred by this review.
35) The applicant shall be responsible for maintaining and
irrigating the offsite southern slope.
7 6) A separate grading plan shall be submitted and approved and a
8 i separate grading permit issued for the borrow or disposal site
if located within the city limits.
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All slopes within this project shall be no steeper than 2:1,
except as noted above.
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.
14 39) The developer shall exercise special care during the
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siltation. The developer shall provide erosion control 15 construction phase of this project to prevent any offsite
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 17 shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior to 18 the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
20 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
22 their maintenance and satisfactory performance through cash
deposit and bonding in amounts and types suitable to the City
19 I served shall be protected by additional drainage facilities,
21 of time satisfactory to the City Engineer and shall guarantee
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i $0) Additional drainage easements and drainage structures shall be
provided or installed as may be required by the City
Engineer. Prior to the issuance of grading or building
permits, the applicant shall complete a hydrology study of
this project and the drainage basin affected by this
development. The study and proposed improvements shall be
approved by the City Engineer.
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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.
Runoff from this project is conveyed to environmentally
sensitive areas. The subdivider shall provide adequate means
of eliminating grease and oils from drainage prior to
discharge. Plans for such improvements shall be approved by
the City Engineer prior to issuance of grading or building
permits.
Prior to the issuance of - any permit for this project the
applicant shall dedicate to the public and improve the
remaining portions of Rancho Santa Fe Road and La Costa Avenue
in accordance with the typical section shown on Exhibit C
dated August 7, 1987 and current City of Carlsbad design
criteria. This condition is required by default of
improvement agreement for minor subdivision No. 574 dated
March 3, 1983.
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. The
improvements shall be constructed and accepted for maintenance
by the City Council prior to issuance of a building permit for
this project. The improvements are:
A. Rancho Santa Fe Road (including median)
B. La Costa Avenue (including median)
C. Relocation/upgrades of traffic signal at La Costa
D. Storm drain system in Rancho Santa Fe Road. Avenue and Rancho Santa Fe Road.
Prior to issuance of a grading permit for this project, a
landscape and irrigation maintainance agreement/bond shall be
posted with the City of Carlsbad. This agreement shall run
with the property in perpetuity.
Onsite improvements shall be designed on the grading plan for
this development. Plan check and inspection fees shall be
required. Private drainage, landscaping, irrigation, and
paving shall be subject to review and inspection.
The applicant shall provide for the design and construction of
a traffic signal at the most southern access on La Costa
Avenue. In the event that the adjacent property (Big Bear)
aligns access to this southerly access, and when directed by
the City Engineer, the traffic signal shall be installed. The
developer of this project may request a reimbursement
agreement not to exceed 50% of the cost of installation and
materials.
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$8) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
$9) 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.
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50) The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
7 51) This project is approved specifically as 1 (single) phase.
8 52) The northern access on La Costa Avenue shall be right injright
out only. A 2-foot wide raised median shall be required in
the design of this arterial, as required by the City
9 La Costa Avenue and proper signage shall be incorporated into
LO Engineer.
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53) The developer shall be responsible for coordination with
S.D.G.&E., Pacific Telephone, and Cable TV authorities.
54) 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.
55) 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.
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The developer shall provide the City with a reproducible mylar
19 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 20 prior to improvement plan submittal.
21 57) Prior to approval of any grading or building permits for this
plan into the existing City of Carlsbad Street Lighting and 23
annexation of the area shown within the boundaries of the site 22 project, the owner shall give written consent to the
Landscaping District No. 1.
24 58) Prior to the issuance of any building permits the property
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owners shall:
a) Pay the bridge and major thoroughfare fee for the area of
b) Pay the traffic impact fee established for the area of
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1 59) This project shall comply with all conditions and mitigation
required by the Zone 11 Local Facilities Management Plan and
any future amendment to that plan made prior to construction 2 of this project.
3 60) The City of Carlsbad is considering a revision to the
existing horizontal and vertical alignment of Rancho Santa Fe
5 new alignment which in the opinion of the City Engineer
adversely affects the proposed development of the project
6 then no development permits shall be issued for the
project until the project plans are revised to reflect the
7 new alignment. Any such revisions shall be made to the
satisfaction of the City Engineer and the Planning Director.
8 Fire Department:
9 61) Prior to the issuance of building permits, complete building
plans shall be submitted to and approved by the Fire
4 Road adjacent to this project. If the City Council adopts a
10 Department.
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62) Additional public and/or onsite fire hydrants shall be
63) The applicant shall submit two (2) copies of a site plan 13 showing locations of existing and proposed fire hydrants and
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l6 65) All required fire hydrants, water mains and appurtenances
17 shall be operational prior to combustible building materials
being located on the project site.
18 66) Brush clearance shall be maintained according to the
19 specifications contained in the City of Carlsbad Landscape
Guidelines Manual.
2o 67) All fire alarm systems, fire hydrants, extinguishing systems,
21 automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
22 prior to construction.
23 68) All roof-top appurtenances shall be architecturally integrated
into the design of the building and shielding to prevent noise
24 and visual impacts, subject to approval before issuance of
permit.
Z5 69) Building exceeding 10,000 sq.ft. aggregate floor area shall be
26 sprinklered or have four-hour fire walls with no openings
therein which shall split the building into 10,000 sq.ft. (or
less) areas. 27
provided if deemed necessary by the Fire Marshal.
onsite roads and drives to the Fire Marshal for approval.
64) An all-weather access road shall be maintained throughout
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1 I1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2l lanning Commission of the City of Carlsbad, California, held on
he 19th day of August, 1987, by the following vote, to wit: 3
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ABSENT: Commissioners McBane and McFadden. 6
NOES: None.
AYES: Chairman Marcus, Commissioners Schlehuber,
Schramm, Holmes and Hall.
7 ABSTAIN: None.
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LANNING DIRECTOR
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