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HomeMy WebLinkAbout1990-09-19; Planning Commission; Resolution 3085-7 ! /I e 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 PLANNING COMMISSION RESOLUTION NO. 3085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE BUILDING COMMERCIAL CENTER TOTALING 23,982 SQ. FT. ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF HOSP WAY AND EL CAMINO REAL. CASE NAME: WESTERN FINANCIAL PLAZA DEVELOPMENT PLAN NO. SDP 89-14 FOR A THREE CASE NO: SDP 89-14 WHEREAS, a verified application has been filed with the City 0: and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as pr Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Commission did, on the 19th day of September, 1990, consider said request or described as: Parcel 2 of Parcel Map 8586 in the City of Carlsbad in the county of S Diego, State of California, filed in the office of the County Recorder of S Diego County, being a division of portions of lots 4 and 5 in Section C township 11 south, range 4 west, San Bernardino Meridian, according official plat thereof. WHEREAS, at said public hearing, upon hearing and consid testimony and arguments, if any, of all persons desiring to be heard, said COI considered all factors relating to SDP 89-14. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissi City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the COI APPROVES SDP 89-14, based on the following findings and subjec following conditions: 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: - 1. The Planning Commission has, by inclusion of an appropriate conditi project, ensured building permits will not be issued for the project unle; Engineer determines that sewer service is available, and building car within the project unless sewer service remains available, and the Co&ssion is satisfied that the requirements of the Public Facilities E the General Plan have been met insofar as they apply to sewer servic project. 2. School fees will be paid to ensure the availability of school facilit: Carlsbad School District. 3. Park-in-lieu fees are required as a condition of approval. 4. All necessary public improvements have been provided or will be rc conditions of approval. 5. The applicant has agreed and is required by the inclusion of an ay condition to pay a public facilities fee. Performance of that contract anc of the fee will enable this body to find that public facilities will be concurrent with need as required by the General Plan. 6. The proposed project is consistent with the City's Planned Development ( and also complies with the Design Guidelines Manual. 7. The proposed project is compatible with the surrounding future land 1 surrounding properties are designated for Residential-Professional develc the General Plan. 8. This project will not cause any significant environmental impacts and a Declaration has been issued by the Planning Director on June 21, 1 approved by the Planning Commission on September 19, 1990. In apprc Negative Declaration the Planning Commission has considered the initial ; staff analysis, all required mitigation measures and any written comment regarding the significant effects this project could have on the envirom 9. The applicant is by condition, required to pay any increase in public fa or new construction tax, or development fees, and has agreed to abic additional requirements established by a Local Facilities Managerr prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. ensure continued availability of public facilities and will mitigate any CI impacts created by the project. 10. This project is consistent with the Citfs Growth Management Ordinance been conditioned to comply with any requirement approved as part of Facilities Management Plan for Zone 2. PC RES0 NO. 3085 -2- I/ 1 0 0 1 2 3 4 5 6 Conditions: 1. Approval is granted for SDP 89-14, as shown on Exhibit(s) "A" - "IC' datc 1990, incorporated by reference and on file in the Planning Dr Development shall occur substantially as shown unless otherwise note conditions. 2. A 500' scale map of the subdivision shall be submitted to the Plannin prior to the recordation of the final map. Said map shall show all lots : within and adjacent to the project. 7 3. This project is approved upon the express condition that building permi be issued for development of the subject property unless the City sewer permits and will continue to be available until time of occupancy. 8 shall be placed on the final map. 9 determines that sewer facilities are available at the time of applicatiol 10 11 12 13 14 15 16 17 18 19 20 21 22 4. This project is also approved under the express condition that the app the public facilities fee adopted by the City Council on July 28, 191 amended from time to time, and any development fees established b: Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code ordinance adopted to implement a growth management system or fac improvement plan and to fulfill the subdivider's agreement to pay 1 facilities fee dated September 1 , 1989, copies of which are on file wit Clerk and are incorporated by this reference. If the fees are not application will not be consistent with the General Plan and approv: project shall be void. 5. The applicant shall pay park-in-lieu fees to the City, prior to the appro final map as required by Chapter 20.44 of the Carlsbad Municipal Cod1 6, The applicant shall provide school fees to mitigate conditions of overcrl part of building permit application. These fees shall be based on the fet in effect at the time of building permit application. ~ 7. Water shall be provided to this project pursuant to the Water Service 2 between the City of Carlsbad and the Carlsbad Municipal Water District, ( 25, 1983. 23 8. This project shall comply with all conditions and mitigation required by 24 2 Local Facilities Management Plan approved by the City Council on 27 9. If any condition for construction of any public improvements or facilitj 26 amendments to the Plan made prior to the issuance of building permit: 25 1987, incorporated herein and on file in the Planning Department and ; on this project are challenged this approval shall be suspended as PI payment of any fees in lieu thereof, imposed by this approval or impos 28 PC RES0 NO. 3085 -3- Ii I ll 0 a 1 2 3 4 5 6 11. 10. 7 12. 8 9 13. 10 11 12 13 14. 14 17 16 15- 15 23 22 21 20 17. 19 18 16. 18. Government Code Section 65913.5. If any such condition is determj invalid this approval shall be invalid unless the City Council determinf project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sectic Zoning Ordinance and all other applicable City ordinances in effect building permit issuance. This approval shall become null and void if building permits are not issc project within 18 months from the date of project approval. An extension for six months may be granted at the discretion of the Plannin Approval of SDP 89-14 is granted subject to the approval of SUP 90-: 2/MS 827. Trash receptacle areas shall be enclosed by a six-foot high masonry wall pursuant to City standards. Location of said receptacles shall be appro Planning Director. Enclosure shall be of similar colors and/or mater project to the satisfaction of the Planning Director. All roof appurtenances, including air conditioners, shall be arc1 integrated and concealed from view and the sound buffered fron properties and streets, in substance as provided in Building Department 80-6, to the satisfaction of the Directors of Planning and Building. Compact parking spaces shall be located in large groups in locatic satisfaction of the Planning Director. An exterior lighting plan including parking areas shall be submitted fc Director approval. All lighting shall be designed to reflect downward any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the In such instance a storage plan will be submitted for approval by the and the Planning Director. The applicant shall prepare a detailed landscape and irrigation plan wh submitted to and approved by the Planning Director prior to the i grading or building permits, whichever occurs first. 24 /I 19. All parking lot trees shall be a minimum of 15 gallons in size. 25 I1 20. All landscaped areas shall be maintained in a healthy and thriving con from weeds, trash, and debris. 26 27 28 PC RES0 NO. 3085 -4- L 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 0 0 21. The developer shall install street trees at the equivalent of 40-foot inter all public street frontages in conformance with City of Carlsbad stand trees shall be of a variety selected from the approved Street Tree List. 22. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on Planning Department. 23. Landscape plans shall be designed to minimize water use. Lawn and ( 1 plants (see Landscape Guidelines Manual) shall be limited to areas visual importance or high use. Mulches shall be used and irrigation equil design shall promote water conservation. 24. The developer shall avoid trees that have invasive root systems, product litter and/or are too large relative to the lot size. 25. Planter width shall be a minimum of four (4) feet, not including curl and/or other paving, and parking overhang. 26. Prior to final occupancy, a letter from a California licensed landscape shall be submitted to the Planning Director certifying that all landscapinl installed as shown on the approved landscape plans. 27. All herbicides shall be applied by applicators licensed by the State of C 28. The applicant shall pay a landscape plan check and inspection fee as rt Section 20.08.050 of the Carlsbad Municipal Code. 29. The first set of landscape and irrigation plans submitted shall includl plans, improvement plans and grading plans. 30. All landscape and irrigation plans shall show existing and proposed con shall match the grading plans in terms of scale and location of improvt 31. All parking lot trees shall be canopy trees. 32. The minimum shrub size shall be 5 gallons. 33. Thirty percent of the trees provided shall be 24” box or greater. 34. Trees shall be dispersed throughout the parking lot at a ratio of 1 tree parking stalls. 35. A uniform sign program for this development shall be submitted to the Director for his review and approval prior to occupancy of any buildin; PC RES0 NO. 3085 -5- 4 0 a 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 36. Building identification and/or addresses shall be placed on all new an buildings so as to be plainly visible from the street or access road identification and/or addresses shall contrast to their background colo 37. As part of the plans submitted for building permit plan check, the appl include a reduced version of the approving resolution/resolutions on a blueline drawing. Said blueline drawing(s) shall also include a co applicable Coastal Development Permit and signed approved site plan. 38. Prior to issuance of a grading or building permit, whichever comes fi report shall be prepared and submitted to the City of Carlsbad. If the s indicates the presence of potential fossil bearing material then a sta: phased program, on file in the Planning Department, shall be undertakc possible significant impacts on paleontological resources under the direc Planning Department. Ennineerinn Conditions: 39. The tentative parcel map approval shall expire two (2) years from the 1 letter containing the final decision for tentative parcel map approval. 40. The developer shall provide the City with the reproducible 24" x 36" I of the tentative parcel map as approved by the City Engineer. The tentz map shall reflect the conditions of approval by the City. The map co] submitted to the City Engineer prior to issuance of building permits, 0; of final map, improvement plans, or grading plans, whichever occurs : 41. Unless a standard variance has been issued, no variance from City SI authorized by virtue of approval of this tentative parcel map. 42. All required fees and deposits shall be paid prior to parcel map record; attached list.) 43. The developer shall pay the local Drainage Area Fee prior to approval o map. Area No. 5, 44. Prior to approval of the parcel map the developer shall pay and/or er agreement with the City to pay any drainage area fees established as the forthcoming Master Drainage Plan Update. 45. The subdivider shall be responsible to pay the recording fees for all a easements and documents required for this project. 46. This project is approved under the express condition that the applici additional public facilities fee adopted by the City Council on July 28, any development fees established by the City Council pursuant to Orc 9791 or subsequent ordinance adopted to implement a growth or dl PC RES0 NO. 3085 -6- & 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 management system or public facilities phasing plan to fulfill the su agreement to pay the public facilities fee, a copy of which is on file wit Clerk and is incorporated by this reference. If the fees are not application will not be consistent with the General Plan and approv; project shall be void. 47. All required fire hydrants, water mains, and appurtenances shall be o prior to combustible building materials being located on the project si1 48. This project is approved upon the express condition that building permi be issued for development of the subject property unless the City determines that sewer facilities are available at the time of applicatio: sewer permits and will continue to be available until time of occupancy. shall be placed on the parcel map. 49. Plans, specifications and supporting documents for all improvement prepared to the satkfaction of the City Engheer. PLor to approval of map the subdivider shall install, or agree to install and secure with a security as provided by law, improvements shown on the tentative parce the following improvements to City Standards to the satisfaction o Engineer: A. Improvement of the median along the project frontage on El Ca to provide a landscaping and irrigation to the existing median i A note identifying these obligations shall be placed on an additional ma the parcel map per the provisions of Sections 66434.2 and 664 Subdivision Map Act. 50. Improvements listed above shall be constructed within twelve (12) approval of the secured improvement agreement. 51. The developer shall comply with all the rules, regulations and design re( of the respective sewer and water agencies regarding services to the p 52. The developer shall be responsible for coordination with S.D.G.& Telephone, and Cable TV authorities. 53. This project is approved specifically as 1 (single) phase. 54. The developer shall provide an acceptable means for maintaining the within the subdivision and all the private streets, sidewalks, street lij drain facilities and sewer facilities located therein and to distribute t! such maintenance in an equitable manner among the owners of the u the subdivision. Adequate provision for such maintenance shall be inc the CC&R’s subject to the approval of the City Engineer. PC RES0 NO. 3085 -7- b 0 0 55. The applicant shall agree to utilize reclaimed water, in Type I form, on t as defined in Section 1305(n) of the California Water Code, means wa 1 2 property in all common areas as approved by the City Engineer. Reclain as a result of treatment of wastewater, is suitable for a direct benefic 2 controlled use that would not otherwise occur. u II 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 56. Pretreatment of the sanitary sewer discharge from this project may be In addition to the requirements for a sewer connection permit the devel conform to the requirements of Chapter 13.16 of the Carlsbad Munic The developer shall apply for an industrial waste water dischar; concurrently with the building permit for this project. No Certj Occupancy for the project will be issued before the industrial waste issued. permit application requirements have been met, all applicable fees paid ; 57. No grading permits shall be issued for this subdivision prior to recorda1 final map. 58. The owner of the subject property shall execute a hold harmless regarding drainage across the adjacent property prior to approval of the for this project. 59. Based upon a review of the proposed grading and the grading quantities the tentative map, a grading permit for this project is required. Prior t of a building permit for the project, the applicant must submit a~ approval for grading plans in accordance with City codes and standards a grading permit and complete the grading work in substantial conforn the approved grading plans. 60. The developer shall obtain a grading permit prior to the con-mencem clearing or grading of the site. 61. A separate grading plan shall be submitted and approved and a separa permit issued for the borrow or disposal site if located within the city 62. Prior to hauling dirt or construction materials to any proposed constr within this project the developer shall submit to and receive approval frc Engineer for the proposed haul route. The developer shall compl conditions and requirements the City Engineer may impose with reg2 hauling operation. 63. The developer shall exercise special care during the construction ph, project to prevent offsite siltation. Planting and erosion control shall b in accordance with the Carlsbad Municipal Code and the City Engineer. Chap 11.06. PC RES0 NO. 3085 -8- ~ i 4 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 64. Additional drainage easements and drainage structures shall be prl installed prior to the issuance of grading or building permit as may be rf the City Engineer. 65. The developer shall make an offer of dedication to the City for all pul and easements required by these conditions or shown on the tentative offer shall be made by a certificate on the final map for this project. 1 offered shall be granted to the City free and clear of all liens and encl be rededicated. and without cost to the City. Streets that are already public are not r 66. Prior to approval of any grading or building permits for this project, shall give written consent to the annexation of the area shown ~i boundaries of the site plan into the existing City of Carlsbad Street Lig Landscaping District No. 1. The form shall be provided by the City ( improvement plancheck process. 67. The Fire Marshall has determined that an onsite fire hydrant is require this project. Prior to issuance of a building permit for the site, the appl: submit and receive City and water district approval for appropriate improvement plans and easements. All improvements shall be de conformance with City and Water District Standards, plancheck and inspc paid and improvement security shall be posted with the Water District 68. The structural section for the private driveway must be designed wit index of 5.0 in accordance with City Standards due to a truck route tk parking lot and/or aisles with an ADT greater than 500. 69. Irrigation systems to accommodate future reclaimed water shall be consistent with Title 17 of the California Administrative Code. Off: reclaimed water distribution systems should be anticipated by the inst adequately sized sleeves at crossing points to minimize street excavatic 70. Prior to approval of the parcel map the developer shall pay for and application for the Quitclaiming of the portions of the existing public uti drain and access easement for the existing water and sewer system wl be removed and relocated. The issue of quitclaiming is to be heard a1 by the City Council prior to approval of the parcel map. Should C approve the quitclaim then Lot 1 cannot be developed unless the tental amended. 71. The applicant shall establish a homeowner's association and con covenants, conditions and restrictions. Said CC&R's shall be submit1 approved by the Planning Director prior to final map approval. PC RES0 NO. 3085 -9- 4 e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 I 19 I 20 21 22 23 24 25 26 27 28 72. The "vehicular access'' portion of Hosp Way (private) shall be 0. dedication as a public right of way and rejected on the parcel map. The access is 40 feet wide from El Camino Real east to about the middle of t and then is 32 feet wide further to the east. At the eastern end of Ho5 additional 30 foot wide dedication shall also be offered and rejected SO the easterly subdivision boundary to provide for future access for the adj Properties (SP 182) site, all as shown on the tentative parcel map. 73. The proposed sidewalks system (5.5 feet in width including top of curl Camino Real easterly on the south side of Hosp Way shall be dedicated : access easement on the parcel map all as shown on the tentative pare 74. Prior to final map approval, a reciprocal access easement/agreement portion of Hosp Way offered for dedication to the City shall be recorde of the Elm property south of the project site. Said easement/agreeI provide for the common use and maintenance of this portion of Hosp shall include a provision for the quitclaiming of any rights conferred b! the agreement to the City in the event the City accepts the offer to dedi form and content of the easement/agreement shall be to the satisfact: City Engineer and City Attorney. 75. The sewer system proposed to serve this project will be a private sysl note shall be placed on the parcel map. 76. The common lot (Lot 4) shall be granted as a covenant for eas landscaping access and maintenance in perpetuity as a covenant runniq land to all the property owners (not the Property Owners Associatic covenant for easement shall be conveyed by separate document and concurrent with the final map and will not be quitclaimed without thc of the City. Fire Conditions: ~ 77. Prior to the issuance of building permits, complete building plans submitted to and approved by the Fire Department. 78. The applicant shall submit two (2) copies of a site plan showing lo existing and proposed fire hydrants and onsite roads and drives tc Marshall for approval prior to issuance of a building permit. 79. An all-weather access road shall be maintained throughout constructio 80. Proposed security gate systems shall be provided with "Knox" key override switch, as specified by the Fire Department. 81. Fire retardant roofs shall be required on all structures. PC RES0 NO. 3085 -10- e m I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 82. Brush clearance shall be maintained according to the specifications COI the City of Carlsbad Landscape Guidelines Manual. 83. All fire alarm systems, fire hydrants, extinguishing systems, automatic : and other systems pertinent to the project shall be submitted to Department for approval prior to construction. 84. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinkle: 85. The proposed daycare center shall be constructed to E-1 occupancy req per CAC Title 24. 86. Prior to issuance of building permits, the developer shall submit to Department a map, showing the street network, conforming to the criteria: H 400' scale (1 :4800) I Photo reduction on mylar At least two existing streets and/or intersections shall be referenc Maps shall include at least the following information: map (not a separate vicinity map) * Street Centerlines * Street Names J; Fire hydrant locations 87. The applicant shall agree to pay a fee established to cover the cost of upd Department response maps. Carlsbad Municipal Water District 88. The entire water system for project must be evaluated in detail to insure pressure and capacity for domestic, irrigation and fire flow demands arl 89. The developer's engineer must schedule a meeting with the Fire Mal District Engineer and review the preliminary water system layout preparation of the improvement plans. 90. The developer will have to pay for all fees, deposits and the major changes. ..... ..... ..... PC RES0 NO. 3085 -11- - e, 0 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of tht Commission of the City of Carlsbad, California, held on the 19th day of S 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber Erwin, Marcus and Hall. NOES: None. ABSENT: Commissioner McFadden. ABSTAIN: None. ATTEST: SHARON SCHRAMM,. Chairperson .- - CARLSBAD PLANNING COMMISSION * 1': q 1 \pi?, +c 4)\jJ2J&$&+@@&3a MICHAEL 57; H~ZMILLER PLANNING DIRECTOR PC RES0 NO. 3085 -12-