Loading...
HomeMy WebLinkAbout1990-06-20; Planning Commission; Resolution 30357. II e e I I 2 3 4 5 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 7 8 9 10 11 12 13 14 15 36 17 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 19 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. 24 25 26 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: 27 ... 28 I/ 1 7 e 0 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 7 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. 11 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 16 17 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 18 19 20 21 22 23 24 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' 25 26 ... 27 PC RES0 NO. 3035 ll -2- 2% /I e 0 ? II 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; 2 5 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. 12 13 14 15 16 17 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; 22 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 25 Development Plan. 26 27 PC RES0 NO. 3035 - 3- 2% I/ 0 0 /I 1 2 3 4 5 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 7 after 3:OO PM. a 9 10 11 12 13 14 15 16 17 18 19 20 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 21 ll issuance. 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: 24 26 ... 25 88-4. 27 PC RES0 NO, 3035 -4- 28 /j 0 0 1 2 3 4 5 6 7 €3 9 10 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. 11 12 13 15 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. 17 18 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 2o I 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 24 ... 25 other paving, and parking overhang. 26 27 PC RES0 NO. 3035 I/ -5- 28 I/ I1 W 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 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 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. PC RES0 NO. 3035 -6- 28 41. 1 2 3 4 5 6 42. 7 43. 8 9 10 11 12 13 14 15 44. W e 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 17 18 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. 20 21 47. The developer shall be responsible for coordination with S.D.G.&E., Pacific Tell 22 23 26 and approved by the Fire Department. 25 24 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 : 27 // PC RES0 NO. 3035 -7- 28 11 i ,' li w e F 51. Additional public and/or onsite fire hydrants shall be provided if deemed nece 1 2 52. An all-weather access road shall be maintained throughout construction. Fire Marshal. 3 4 5 6 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 11 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: 14 15 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus & Hall. 16 17 NOES: None. ABSENT: Commissioner Erwin. I.8 II ABSTAIN: None. 19 ~ 20 21 SHARON SCHRA", Chairperson CARLSBAD PLANNING COMMISSION 22 11 AREST: 23 24 25 PLANNING DIRECTOR W MICHAEL J. HOLZMILLER 26 27 PC RES0 NO. 3035 .8- 28