HomeMy WebLinkAbout1990-09-19; Planning Commission; Resolution 3085-7 ! /I e 0
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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:
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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.
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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.
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shall be placed on the final map. 9
determines that sewer facilities are available at the time of applicatiol
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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.
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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
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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
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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.
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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;
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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