HomeMy WebLinkAbout1989-06-21; Planning Commission; Resolution 2866.
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PLANNING COMMISSION RESOLUTION NO. 2866
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NONE IN THE CT-Q ZONE. APPLICANT: WINTERS PARTNERSHIP CASE NO: SDP 88-8
WHEREAS, a verified application has been filed with thc
Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request a
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal
Planning Commission did, on the 21st day of June, consider said I
property described as:
Parcel 2 of Parcel Map No. 195, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, January 30, 1970 as file no. 18100 of official records and Parcel A of Parcel Map No. 2923, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County,
August 8, 1974 as File No. 74-214575.
WHEREAS, at said public hearing, upon hearing and cons.
testimony and avguments, if any, of all persons desiring to be t
Commission considered all factors relating to SDP 88-8.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning COI
the City of Carl sbad as follows:
. A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, thc APPROVES SDP 88-8, based on the following findings and sub, following conditions:
Findinqs:
1. That the proposed use is necessary and desirable for the de\ the community, is essentially in harmony with the' various c objectives of the General Plan, and is not detrimental to el
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or to uses specifically permitted in this zone, because the pro be similar in use and size to other existing projects in the ar
2. That the subject property is adequate in size and shape to accomn proposed uses, since the project meets all of the setback, parkir and 1 andscapi ng requirements.
3, All of the yards, setbacks, walls, fences, landscaping and other necessary to adjust the requested use to existing and permitt uses in the neighborhood will be provided and maintained, sinu no need for a variance to the development standards.
4. The street system serving the subject property is adequate to I traffic generated by the proposed uses, because the addition; generated by the project, 161 ADT, is minimal.
5. The project is consistent with all City public facility pol ordinances since:
a) The P1 anning Commi ssi on has, by inclusion of an a condition to this project, ensured building permits wi issued for the project, unless the City Engineer deter! sewer service is available, and the Planning Commission is that the requirements of the Public Facilities Eleme, General Plan have been met insofar as they apply to sew for this p,roject.
b) All necessary public improvements have been provided r required as conditions of approval.
c) The appl icant has agreed and is required by the incl u appropriate condition to pay a public facilities fee. I of that contract and payment of the fee will enable th find that pub1 ic facil ities will be available concurrenl as required by the General P1 an.
d) Assurances have been given that adequate sewer for the pl be provided by the City of Carlsbad.
6. This project will not cause any significant environmental imF Negative Declaration has been issued by the P1 anning Director 1989 and approved by the P1 anning Commission on June 21, approving this Negative Declaration the Planning Commission has
. the initial study, the staff analysis, all required mitigatic and any written comments received regarding the significant e project could have on the environment.
7. The appl icant is by condition, required to pay any i ncreast facility fee, or new construction tax, or development fees, anc to abide by any additional requirements established by a Local Management Plan prepared pursuant to Chapter 21.90 of tt Municipal Code. This will ensure continued availability
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facilities and will mitigate any cumulative impacts creatc project.
8. This project is consistent with the City's Growth Management Or1 it has been conditioned to comply with any requirement approvc
of the Local Facil ities Management P1 an for Zone 3.
9. The developer shall provide the' City with a reproducible 24" : scale mylar copy of the site plan as approved by the Planning C
The site plan shall reflect the. conditions of approval by the plan copy shall be submitted to the City Engineer prior to i building permits or improvement plan submittal, whichever occu
10. This project shall comply with all conditions and mitigation r the Zone 3 Local Facilities Management Plan approved by the Ci on March 4, 1987, incorporated herein and on fi 1 e in thc Department and any future amendments to the Plan made pri issuance of building permits.
Conditions:
1. Approval is granted for SDP 88-8, as shown on Exhi bit(s) "A"- June 14, 1989, incorporated by reference and on file in th
otherwise noted in these conditions. Department. Development shall occur substantially as shl
2. This project is approved upon the express condition that build. will not be issued for development of the subject property unl e Engineer determines that sewer facilities are available at 1 appl ication for such sewer permits and wi 11 continue to be avai time of occupancy.
3. This project is a1 so approved under the express condi tiol applicant pay the public facilities fee adopted by the City April 22, 1986, and any development fees established by the C pursuant to Chapter 21.90 of the Carlsbad Municipal Code to im growth management system or public facilities phasing plan and the subdivider's agreement to pay the public facilities fee d 10, 1988 a copy of which is on file with the City Clf incorporated by this reference. If the fees are not application will not be consistent with the General Plan and a this project shall be void.
. 4. Approval of this request shall not excuse compl i ance with a1 1 the Zoning Ordinance and all other applicable City ordinance at time of building permit issuance.
5. Water shall be provided to this project pursuant to the Wa agreement between the City of Carlsbad and the Costa Real Wate dated May 25, 1983.
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6. The appl icant shall prepare a 24" x 36" reproducible my1 ar of site plan incorporating the conditions contained herein. Said
issuance of building permits. shall be submitted to and approved by the P1 anning Director pr
7. The appl icant shall prepare a detailed 1 andscape and irrigation shall be submitted to and approved by the Planning Director pr issuance of building permits.
condition, free from weeds, trash, and debris. 8. All landscaped areas shall be maintained in a heal thy anc
9. Trash receptacle areas shall be enclosed by a six-foot high ma with gates pursuant to City standards. Location of said recepta be approved by the P1 anning Director.
10. All roof appurtenances, including air conditioners, architecturally integrated and concealed from view and the soun from adjacent properties and streets, pursuant to Building Policy No. 80-6, to the satisfaction of the Directors of P1 Building.
11. Building identification and/o.r addresses shall be placed on a existing buildings so as to be plainly visible from the street road; color of identification and/or addresses shall contras. background col or.
12. If any condition for construction of any public improv facilities, or the payment of any fees in lieu thereof, imposc approval or imposed by 1 aw on this project are challenged, thi shall be suspended as provided in Government Code Sect ion 65913. such condition is determined to be invalid this approval shall unless the City Council determines that the project without the complies with all requirements of the law.
13. This approval shall become null and void if building permit issued for this project within one year from the date of project
14. An exterior lighting plan including parking areas shall be sub Planning Director approval. All lighting shall be designed downward and avoid any impacts on adjacent homes or property.
15. No outdoor storage of material shall occur onsite unless requi Fire Chief. In such instance a storage plan will be subl. approval by the Fire Chief and the Planning Director.
16. All parking lot trees shall be a minimum of 15 gallons in size
17. A1 1 1 andscaped areas shall be maintained in a heal thy anc condition, free from weeds, trash, and debris.
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1 18. Any signs proposed for this development shall at a minimum be d conformance with the City's Sign Ordinance and shall require approval of the Planning Director prior to installation of SUC 2
19. As part of the plans submitted for building permit plan ( 3 appl i cant shall include a reduced version of the resol ution/resolutions on a 24" x 36" blue1 ine drawing. 4
20. Business licenses may only be approved for the following us 5 site:
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Retai 1 Apparel and Accessories Bakeries Beauty and Barber Shops Confectionery Stores Drycleaning, Laundry pickup service only
Novelty and/or Souvenir Shops Stationary Stores Travel- Agencies Other Tourist related uses as determined by th Di rector.
Florists
12 21. Prior to the issuance of any development permits, the pra
13 receive a Coastal Development Permit that approves development substantial conformance with this City approval.
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22. Any signs proposed for this development shall at a minimum be 1 conformance with the City's Sign Ordinance as modified by the C I1 Local Coastal P1 an and shall require review and appro Planning Director prior to installation of such signs.
23. The appl icant will construct a 42 inch stucco or slump block I southern property lines to the satisfaction of the City Engin
18 1 Enqineerinq Conditions: 19 1 24. The owner of the subject property shall execute a hold harm1 es regarding drainage across the adjacent property prior to the any grading or building permit for this project. 2o i 21
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25. Unless a standard variance has been issued, no variance Standards is authorized by virtue of approval of this site pl
26. The developer shall comply with a1 1 the rules, regulations requirements of the respective sewer and water agencies regardi to the project.
27. The developer shall be responsible for coordination with Pacific Telephone, and Cable TV authorities.
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28. The Developer shall remove and rep1 ace a1 1 cracked curb, I sidewalk along the project frontage prior to issuance of occupan
29. The owner shall submit a recorded copy of a reciprocal access a agreement prior to issuance of a building permit.
30. The owner shall make an offer of dedication to the City for an
6' right of way a1 ong Paseo Del Norte to Pal omar Airport Road. shall be made prior to issuance of a building permit. All land shall be granted free and clear of all 1 iens and encumbrances wi to the City.
31. The owner shall complete his processing of Adjustment Plat Numt record appropriate grant deeds prior to issuance of a building
32. Prior to the issuance of a building permit the applicant shal participate in and not oppose the formation of any special districts for the purpose of funding the following improvemenl
a. The widening of the Palomar Airport Road bridge over I-! the interchange and signalization improvements.
b. Interconnection of traffic signals on Palomar Airport Rc Paseo Del Norte and Avenida Enci nas .
c. Real ignment, widening and reconstruction of Pal omar Ai from the railroad overpass to Carlsbad Boulevard.
d. Other imp.rovements necessary to integrate the preceding
Fi re Condi ti ons :
33. Prior to the issuance of building permits, complete building I be submitted to and approved by the Fire Department.
34. Additional public and/or onsite fire hydrants shal7 be provide necessary by the Fire Marshal.
35. The applicant shall submit two (2) copies of a site plan showin of existing and proposed fire hydrants and onsite roads and d the Fire Marshal for approval.
36. All required fire hydrants, water mains and appurtenance: operational prior to combustible building material being loc project site.
37. All fire alarm systems, fire hydrants, extinguishing systems sprinklers, and other systems pertinent to the project shalJ t
to the Fire Department for approval prior to construction.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of tt
Commission of the City of Carlsbad, California, held on the 21st di
1989, by the following vote, to wit:
AYES : Chai man Hal 1 , Commi ssi oners: Schl ehuber, Sc Erwin, McFadden, Marcus 8. Holmes.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
CARLSBAD PLANN I NG COMM I SS ION
PLANNING DIRECTOR
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