HomeMy WebLinkAbout1990-06-20; Planning Commission; Resolution 30357. II e e
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PLANNING COMMISSION RESOLUTION NO. 3035
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, REOMMMENDING APPROVAL OF
SITE DEVELOPMENT PLAN NO. SDP 89-11 ON PROPERTY
GENERALLY LOCATED EAST OF EL CAMINO REAL, NORTH OF
OLIVENHAIN ROAD, AND WEST OF RANCHO SANTA FE ROAD IN
THE PC ZONE AND IN ZONE 12.
CASE NAME: ARROYO LA COSTA
CASE NO: SDP 89-18
t3 /I WHEREAS, a verified application has been filed with the City of C
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referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, t
Commission did, on the 16th day of May, 1990, and on the 6th of June, 1990, (
request on property described as:
Those portions of lots 3, 4, 9 and 10 of Rancho Las Encinitas, in
the City of Carlsbad, County of San Diego, State of California, per
map No. 848, filed in the office of the County Recorder of said
county on June 27, 1898 known as Assessors Parcel No.’s 255-010-
09, 18 & 19, 255-022-01, 255-030-09, 10 & 11, 255-031-24 & 25,
255-041-14.
18 WHEREAS, at said public hearing, upon hearing and considering all tc
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relating to SDP 89-18. 20
arguments, if any, of all persons desiring to. be heard, said Commission considen
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cl
22 [ 1 the City of Carlsbad as follows:
23 I/ A) That the foregoing recitations are true and correct.
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APPROVAL SDP 89-18, based on the following findings and subject to
€3) That based on the evidence presented at the public hearing, the CommissioI:
conditions:
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1 Findings:
2 1. The project is consistent with the Citfs General Plan since the recreatiodday
is allowed by MP 88-1 which implements the Land Use Element of the Gene1
3 this area.
4 2. The site is physically suitable for the type of development since the site is adeq
5 and shape to accommodate the recreation/daycare development.
6 3. The project is consistent with all City public facility policies and ordinances
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requirements of the Public Facilities Element of the General Plan have been 9
determines that sewer service is available, and building cannot occur within 8
The Planning Commission has, by inclusion of an appropriate condition to 1
ensured building permits will not be issued for the project unless the Ci
unless sewer service remains available, and the Planning Commission is satisf
lo /I as they apply to sewer service for this project.
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12 5. The applicant has agreed and is required by the inclusion of an appropriate
13 pay a public facilities fee. Performance of that contract and payment of
enable this body to find that public facilities will be available concurrent I
14 required by the General Plan.
15 6. Assurances have been given that adequate sewer for the project will be pro
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4. All necessary public improvements have been provided or will be required a:
of approval.
Leucadia County Water District.
7. The proposed project is compatible with the surrounding future land
surrounding properties are designated for residential development on the Gc
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8. This project received environmental review as part of EIR 86-2 and MP 88-
Costa). This document determined that there were no significant environmc
associated with the proposed recreatioddaycare center. Refer to CT 88-3, Rc
3032 for findings and conditions related to the development of the Arrc
Master Plan.
9. The applicant is by condition, required to pay any increase in public facihh
construction tax, or development fees, and has agreed to abide by ar
requirements established by a Local Facilities Management Plan prepared
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued z
public facilities and will mitigate any cumulative impacts created by the pr'
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1 10. This project is consistent with the City's Growth Management Ordinance as : conditioned to comply with any requirement approved as part of the Loc;
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1. Approval is granted for SDP 89-18, as shown on Exhibit(s) "C-1" - "C-7", da1 4
Conditions 3
Management Plan for Zone 12.
1990, incorporated by reference and on file in the Planning Department. C
shall occur substantially as shown unless otherwise noted in these condition
6 2. The developer shall provide the City with a reproducible 24" x 36", mylar cop:
approval by the City. The plan copy shall be submitted to the City Enginl 7
issuance of building permits or improvement plan submittal, whichever occu 8
plan as approved by the Planning Commission. The plan shall reflect the c(
9 3. This project is approved upon the express condition that building permits
issued for development of the subject property unless the City Engineer detc 10 sewer facilities are available at the time of application for such sewer pern
I1 continue to be avaaable until Le of occupancy.
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4. This project is also approved under the express condition that the applicant pi
facilities fee adopted by the City Council on July 28, 1987 and as amended 1
time, and any development fees established by the City Council pursuant to C:
of the Carlsbad Municipal Code or other ordinance adopted to impleme~
management system or facilities and improvement plan and to fulfill the
agreement to pay the public facilities fee dated January 16, 1989, a copy 01
file with the City Clerk and is incorporated by this reference. If the fees are
application will not be consistent with the General Plan and approval for thi
be void.
5. Water shall be provided by the Olivenhain Municipal Water District.
18 6. This project shall comply with all conditions and mitigation measures w
19 required as part of the Zone 12 Local Facilities Management Plan and any
made to that Plan prior to the issuance of building permits. 20
7. Uses allowed with this Site Development Plan include a recreatioddaycarc 21 The proposal of any other uses shall require approval of an amendmen;
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23 8. Lighting for the tennis corn shall be on timers and hours of operation shall
with the hours of operation for lights on the tennis courts at Stagecoac
24 lanscaping plan shall be designed to screen the tennis courts from adjacen
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Development Plan.
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9. Hours for utilization of the swimming pool may include but are not limited tc
to 1O:OO p.m.
10. Prior to occupancy of the recreation center in Village OS-9, the applicant sh;
City Council the option of entering into an agreement incorporating the folloT
for certain public uses of the swimming pool:
a. Public uses shall be Wed to those uses sponsored by the City of C~I
and Recreation DepartmenL
6 b. Public use of the pool shall be restricted from weekends, holidays an
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c. The City of Carlsbad shall enter into a hold harmless agreemm
Homeowners’ Association and the applicant for any liability that may associated with public uses.
d. The Homeowners’ Association shall be fairly compensated by the City
for any such public uses.
e. Public uses shall be subject to any rules, regulations and policies impo!
project by the State of California Department of Real Estate and up”
the City which consent shall not be unreasonably withheld.
The agreement shall contain provisions for equitable dispute resolution for
related to the agreemenL
11. If any condition for construction of any public improvements or facilities, or
of any fees in lieu thereof, imposed by this approval or imposed by law on tli
challenged this approval shall be suspended as provided in Government C
65913.5. If any such condition is determined to be invalid this approval sk unless the City Council determines that the project without the condition c
all requirements of law.
12. Approval of this request shall not excuse compliance with all sections 0:
Ordinance and all other applicable City ordinances in effect at time of bu
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22 I; 13. This approval shall become null and void if building permits are not issued fc
within five years from the date of project approval.
23 11 14. Approval of SDP 89-18 is granted subject to the approval of MP 88-1, CT 8:
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88-4.
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15. Trash receptacle areas shall be enclosed by a six-foot high masonry wall
pursuant to City standards. Location of said receptacles shall be approved by tl
Director. Enclosure shall be of similar colors and/or materials to the prc
satisfaction of the Planning Director.
16. All roof appurtenances, including air conditioners, shall be architecturally intc
concealed from view and the sound buffered from adjacent properties and
substance as provided in Building Department Policy No. 80-6, to the satisfac
Directors of Planning and Building.
17. An exterior lighting plan including parking areas shall be submitted for Plann
approval. All lighting shall be designed to reflect downward and minimize
on adjacent homes or property.
18. No outdoor storage of material shall occur onsite unless required by the F~I
such instance a storage plan will be submitted for approval by the Fire Q
Planning Director.
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21. All landscaped areas shall be maintained in a healthy and thriving conditio 14
20. AU parking lot trees shall be a minimum of 15 gallons in size.
19. The applicant shall prepare a detailed landscape and irrigation plan whi
submitted to and approved by the Planning Director prior to the issuance 0.
building permits, whichever occurs first.
weeds, trash, and debris.
16 /I 22. Preliminary landscape pIans shd be submitted.
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24. Landscape plans shall be designed to minimize water use. Lawn and other z 19
Department.
(see Landscape Guidelines Manual) shall be limited to areas of special visua
or high use. Mulches shall be used and irrigation equipment and design s
23. All landscape plans shall be prepared to conform with the Landscape Guide:
and submitted per the landscape plan check procedures on file in t
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21 ll water conservation.
22 (I 25. The developer shall avoid trees that have invasive root systems, produce el
and/or are too large relative to the lot size.
23 11 26. Planter width shall be a minimum of four (4) feet, not including curb, foc
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other paving, and parking overhang.
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Prior to final occupancy, a letter from a California licensed landscape architl
submitted to the Planning Director certifying that all landscaping has been
shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of Califor
The applicant shall pay a landscape plan check and inspection fee as required
20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include buil
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contow
match the grading plans in terms of scale and location of improvements.
Mounding shall be used in parking lot landscaping or preliminary plans shall t
mounding is not possible to the satisfaction of the Planning Director.
All parking lot trees shall be canopy trees.
The minimum shrub size shall be 5 gallons.
Trees shall be dispersed throughout the parking lot at a ratio of 1 tree per th
stalls.
AU signs shall be designed in accordance with the Aroyo La Costa Master PI
1, and shall require review and approval of the Planning Director prior to in:
such signs.
37. As part of the plans submitted for building permit plan check, the applicant s
a reduced version of the approving resolutiodresolutions on a 24" x 36 blueli
Said blueline drawing(s) shall also include a copy of any applicable Coastal C
Permit and signed approved site plan.
38. Prior to issuance of a grading or building permit, whichever comes first, a
shall be prepared and submitted to the City of Carlsbad. If the soils report I
presence of potential fossil bearing material then a standard two phased prog
in the Planning Department, shall be undertaken to avoid possible significant
paleontological resources under the direction of the Planning Department.
39. No grading permits shall be issued for this subdivision prior to recordation
map.
40. The developer shall obtain a grading permit prior to the commencement of ;
or grading of the site.
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This project has been reviewed for confonnancy with the grading ordinance a~
be a project for which a grading permit is required. Prior to any building pe
issued for the site, a grading plan in conformance with City Standards and Se
of the Carlsbad Municipal Code, must be submitted, approved and grading wc
completed to the satisfaction of the City Engineer. All slopes within this projl
graded no steeper than two horizontal to one vertical unless specificall!
otherwise pursuant to these conditions.
Prior to hauling dirt or construction materials to any proposed construction site
project the developer shall submit to and receive approval from the City En@
proposed haul route. The developer shall comply with all conditions and requi
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of thi
prevent any offsite siltation. The developer shall provide erosion control mc
shall construct temporary desiltation/detention basins of type, size and
approved by the City Engineer. The basins and erosion control measures sha
and specified on the grading plan and shall be constructed to the satisfaction
Engineer prior to the start of any other grading operations. Prior to the rem
basins or facilities so constructed the area served shall be protected by additior
facilities, slope erosion control measures and other methods required or apprl
City Engineer. The developer shall maintain the temporary basins and eroz
measures for a period of time satisfactory to the City Engineer and shall gua
maintenance and satisfactory performance through cash deposit and bonding
and types suitable to the City Engineer.
Additional drainage easements and drainage structures shall be provided or
may be required by the City Engineer.
16 45. The owner of the subject property shall execute a hold harmless agreemer
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drainage across the adjacent property prior to the approval of the final n
project.
46. The developer shall comply with all the rules, regulations and design require1
19 respective sewer and water agencies regarding services to the project.
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47. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tell
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and approved by the Fire Department. 25
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Cable TV authorities.
48. All required fire hydrants, water mains, and appurtenances shall be operatic
combustible building materials being located on the project site.
49. The gazebo next to the pool shall be relocated within the property line.
50. Prior to the issuance of building permits, complete building plans shall be :
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F 51. Additional public and/or onsite fire hydrants shall be provided if deemed nece
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2 52. An all-weather access road shall be maintained throughout construction.
Fire Marshal.
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53. All required fire hydrants, water mains and appurtenances shall be operatio
combustible building materials being located on the project site.
54. All private driveways shall be kept clear of parked vehicles at all times, an(
posted "No Parking/Fire Lane - Tow Away Zone" pursuant to Section 17.04.0<
Municipal Code.
7 55. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler
systems pertinent to the project shall be submitted to the Fire Department i
€3 prior to construction.
9 56. All roof-top appurtenances shall be architecturally integrated into the de
building and shielding to prevent noise and visual impacts, subject to appl 10
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issuance of pennit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of tl
l2 Commission of the City of Carlsbad, California, held on the 20th day of June, 1
13 1 1 following vote, to wit:
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AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes,
Marcus & Hall.
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NOES: None.
ABSENT: Commissioner Erwin.
I.8 II ABSTAIN: None.
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SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION
22 11 AREST:
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25 PLANNING DIRECTOR
W MICHAEL J. HOLZMILLER
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